Action brought on 17 August 2010 - Seatech International and Others v Council and Commission

(Case T-337/10)

Language of the case: French

Parties

Applicants: Seatech International, Inc. (Cartagena, Columbia), Tuna Atlantic, Ltda (Cartagena) and Comextun, Ltda (Cartagena) (represented by: F. Foucault, lawyer)

Defendants: Council of the European Union and European Commission

Forms of order sought

annulment of Commission Regulation No 468/2010 of 28 May 2010 in so far as it designates the vessel Marta Lucia R as a vessel engaged in IUU fishing;

annulment of Council Regulation No 1005/2008 of 29 September 2008 and, consequently, of Commission Regulation No 468/2010, in so far as it implements a procedure for designating vessels engaged in IUU fishing on the ground that it does not respect the principle of audi alteram partem and gives rise to discrimination;

a declaration that the vessel Marta Lucia R is not engaged in IUU fishing activities.

Pleas in law and main arguments

By the present action, the applicants, owner and operator of the fishing vessel Marta Lucia R, as well as purchaser of caught fish, seek the annulment of Commission Regulation (EU) No 468/2010 of 28 May 2010 establishing the EU list of vessels engaged in illegal, unreported and unregulated fishing ¹ ('the EU IUU list'), designating the vessel Marta Lucia R as a vessel engaged in illegal, unreported and unregulated fishing. The applicants also seek annulment of Council Regulation (EC) No 1005/2008 ² establishing the procedure for drawing up that EU IUU list.

The applicants submit that the vessel Marta Lucia R was included on the European Union IUU list merely because it had been included on a list of vessels considered to be engaged in illegal, unreported and unregulated fishing established by the Inter-American Tropical Tuna Commission ('the IATTC IUU list').

The applicants put forward a number of pleas in law in support of their action, including:

infringement of the principle of audi alteram partem and of the rights of the defence, in that the vessel Marta Lucia R was included in the IATTC IUU list without procedural requirements being observed to ensure that the party concerned was heard;

infringement of the principle of non.-discrimination, as the vessel Marta Lucia R was included automatically in the EU IUU list following its inclusion in the IATTC IUU list, whereas other vessels active in the territory of the Member States were included in the EU IUU list only after a procedure had been held in which all parties were heard;

the decisions taken by the Inter-American Tropical Tuna Commission are vitiated by illegality because that commission exceeded its powers, as it was entrusted with a mandate only of information and investigation on species preservation, and was not granted authority to take binding decisions; and

there are no facts supporting a finding that the fishing done by the vessel Marta Lucia R is illegal, unreported and unregulated as those terms are understood in the Community.

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¹ - OJ 2010 L 131, p. 22.

² - Council Regulation (EC) No 1005/2008 of 29 September 2008 establishing a Community system to prevent, deter and eliminate illegal, unreported and unregulated fishing, amending Regulations (EEC) No 2847/93, (EC) No 1936/2001 and (EC) No 601/2004 and repealing Regulations (EC) No 1093/94 and (EC) No 1447/1999 (OJ 2008 L 286, p. 1).