Judgment of the General Court (Third Chamber) of 27 April 2016

Data

Court: General Court

Case date: 27 april 2016

Verdict

Judgment of the General Court (Third Chamber) of 27 April 2016 —

Pappalardo and Others v Commission

(Case T‑316/13)

"Non-contractual liability - Fisheries - Conservation of fisheries resources - Reconstitution of stocks of bluefin tuna - Emergency measures prohibiting fishing by purse seiners - Sufficiently serious infringement of a rule of law conferring rights on individuals"

1. Non-contractual liabilityConditionsUnlawfulnessDamageCausal linkCumulative conditionsNo obligation on the court to examine in a given orderOne of those conditions lackingClaim for compensation dismissed in its entirety (Art. 340, second para., TFEU) (see paras 16, 17)

2. Non-contractual liabilityConditionsUnlawfulnessSufficiently serious breach of EU lawRequirement that the institutions manifestly and seriously disregard the limits of their discretionIntroduction of a prohibition on red tuna fishing in the Eastern Atlantic from a different date for Spanish seiners than for seiners of other Member StatesNo sufficiently serious breach of the principle of non-discriminationEU not liable (Art. 340, second para., TFEU; Council Regulation No 2371/2002, Art. 7; Commission Regulation No 530/2008) (see paras 23, 34-40)

3. Judicial proceedingsRes judicataScopeJudgment of the General Court finding an EU measure invalid on the basis of a misinterpretation of a judgment of the Court of Justice partially annulling that measureSubsequent judgment of the Court of Justice specifying the correct interpretation of its first judgmentJudgment of the General Court not having the authority of res judicata (Commission Regulation No 530/2008) (see paras 25-27, 30, 31)

Re:

ACTION for compensation in respect of damage allegedly suffered by the applicants following the adoption of Commission Regulation (EC) No 530/2008 of 12 June 2008 establishing emergency measures as regards purse seiners fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45 W, and in the Mediterranean Sea (OJ 2008 L 155, p. 9).

Operative part

The Court:

1. Dismisses the action;

2. Orders Salvatore Aniello Pappalardo, Pescatori La Tonnara Soc. coop., Fedemar Srl, Testa Giuseppe E C. Snc, Pescatori San Pietro Apostolo Srl, Camplone Arnaldo & C. Snc di Camplone Arnaldo EC and Valentino Pesca Sas di Camplone Arnaldo & C. to pay the costs.