Action brought on 24 December 2008 - Syndicat des thoniers méditerranéens and Others v Commission
(Case T-574/08)
Language of the case: French
Parties
Applicants: Syndicat des thoniers méditerranéens (Marseille, France), Jean-Luc Buono, Gérard Buono, Marc Carreno, Roger Louis Paul Del Ponte (Balaruc les Bains, France), Serge Antoine Di Rocco (Frontignan, France), Jean Louis Donnarel, Jean-François Flores, Jean Louis Étienne Jalabert (Sigean, France), Jean Gérald Lubrano (Marseille, France), Gérald Jean Lubrano (Balaruc les Bains, France), Jean Lubrano, Jean Lucien Lubrano, Fabrice Marin, Robert Marin, Hervé Marin, Nicolas Marin, Sébastien Marin, Jean-Marc Penniello, Serge Antoine José Perez (Sorède, France) (represented by: C. Bonnefoi, lawyer)
Defendant: Commission of the European Communities
Form of order sought
Declare that the European Commission is liable in respect of the consequences of the implementation 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;
Order payment of compensation commensurate with the consequences of that finding of liability; that compensation is estimated on the basis of the attached evidence and is in the process of confirmation; it is stated in EUR:
Buono Jean-Luc and Gérard: 323 053 or 564 956 (according to whether before or after taxation);
Carreno Marc: symbolic EUR 1;
Del Ponte Roger: 518 707 or 703 707 (according to whether before or after taxation);
Di Rocco Serge: 388 047 or 634 207 (according to whether before or after taxation);
Donnarel Jean-Louis: 351 685;
Flores Jean-François: symbolic EUR 1;
Jalabert Jean Louis Etienne: 144 643;
Lubrano Jean and Lubrano Jean Lucien: 212 358;
Lubrano Jean-Gérald: 237 160 or 474 320 (according to whether before or after taxation);
Lubrano Gérald: 213 588;
Marin Fabrice and Marin Robert: 466 665 or 610 820 (according to whether before or after taxation);
Marin Hervé, Marin Nicolas, Marin Robert and Marin Sébastien: symbolic EUR 1;
Penniello Jean-Marc: 624 000;
Perez Serge Antoine: 54 645;
Order payment of compensation for non-pecuniary losses to the Syndicat des thonniers méditerranéens commensurate with the consequences of that finding of liability, that is to say, a lump sum of EUR 30 000 which will be used to provide members with information regarding Community fishing law and legislation;
Order payment of all legal costs, fees and disbursements, details of which will be provided, arising out of the present proceedings.
Pleas in law and main arguments
The applicants, who are sea-fishermen, and their union seek compensation for the loss which they consider they have suffered because of the adoption of Commission Regulation (EC) No 530/2008
1 prohibiting fishing for bluefin tuna in the Atlantic Ocean, east of longitude 45°W, and in the Mediterranean Sea by purse seiners flying the Greek, French, Italian, Cypriot, Maltese or Spanish flag or registered in those Member States.
In support of their action, the applicants put forward a number of pleas in law and arguments alleging, respectively:
breach of the principles of the Code of Conduct annexed to the internal rules of the Commission, since the Commission did not hold a meeting with the Syndicat des thoniers méditerranéens, despite having promised to do so;
failure to compensate the applicant whose fishing activities are prohibited even though they have not yet filled their quota;
that the measures adopted by the Commission do not constitute a mere risk inherent to the sector of activity for which the applicants should not be compensated;
a lack of evidence of the need for the measures adopted, since those measures were adopted on the basis of mathematical extrapolations which do not constitute proof;
that the measures at issue were not adopted on the basis of a serious threat;
breach of the principle of legal certainty, since the Regulation at issue closing fishing of bluefin tuna was adopted in a very short time and annulled provisions which had just opened the fishing season;
breach of the fundamental rights guaranteed by the Charter of fundamental rights of the European Union,
2 more specifically of the right to engage in work and the right to property.