Order of the General Court (Eighth Chamber) of 25 July 2022

Data

Court: General Court

Case date: 25 juli 2022

Verdict

Order of the General Court (Eighth Chamber) of 25 July 2022 –
Armadora Parleros v Commission

(Case T‑254/21)⁽¹⁾

"(Non-contractual liability - Common fisheries policy - Failure by the Commission to exercise its powers of control covered by the applicable legislation - Engine power of boats - Sufficiently serious breach of a rule of law conferring rights on individuals - Damage - Causal link - Limitation period - Action manifestly inadmissible)"

1. Actions for damagesLimitation periodPoint from which time starts to runLiability for an individual measureDate on which the harmful effects of the measure with regard to the person concerned became apparentAccount taken of a subjective assessment of the reality of the damageNot permissible

(Art. 340, second para., TFEU; Statute of the Court of Justice, Arts 46 and 53, first para.)

(see paragraphs 28-31, 36, 37)

2. Non-contractual liabilityConditionsSufficiently serious breach of a rule of law intended to confer rights on individualsRule of law intended to confer rights on individuals –DefinitionRules on the Commission’s powers to control the implementation of the Common Fisheries PolicyNot included

(Art. 17 TEU; Art. 340, second para., TFEU; European Parliament and Council Regulation No 1380/2013, Art. 22(4), second subpara.; Council Regulation No 1224/2009, Arts 38 to 41 and 118; Commission Regulation No 1281/2005, Arts 3 and 7)

(see paragraphs 44, 45, 47, 49-52)

3. Non-contractual liabilityConditionsUnlawfulnessCommission not initiating a proceeding for failure to fulfil obligationsAct not amounting to unlawfulnessActions for damagesInadmissibility

(Arts 258 and 340, second para., TFEU)

(see paragraphs 48, 58, 59)

Operative part

1. The action is dismissed as being manifestly inadmissible and, in any event, manifestly lacking any foundation in law.

2. Armadora Parleros SL shall pay the costs.