Action brought on 12 August 2008 - AJD Tuna v Commission

(Case T-329/08)

Language of the case: Italian

Parties

Applicant: AJD Tuna (Mosta Road, Malta) (represented by: M. Annoni, lawyer)

Defendant: Commission of the European Communities

Form of order sought

Annul Commission Regulation No 530/2008 of 12 June 2008 establishing emergency measures as regards purse seiners fishing for bluefin tuna in the Atlantic Ocean, east of longtitude 45 °W, and in the Mediterranean Sea, with reference, in particular, to Article 3 of that regulation.

Order the Commission to pay the costs.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those relied on in Case T-305/08 Italian Republic v Commission and Case T-313/08 Veromar di Tudisco Alfio & Salvatore S.n.c. v Commission. In particular, it is submitted that the principle of legitimate expectation has been infringed, in so far as the Community legislation on fishing for bluefin tuna gave rise to a reasonably founded expectation on the part of the applicant that its fish farming and fattening activities were lawful.

____________