# C_2006212EN.01003302.xml

| 2.9.2006 | EN | Official Journal of the European Union | C 212/33 |
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2.9.2006

EN

Official Journal of the European Union

C 212/33

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Action brought on 3 July 2006 — Ayuntamiento de Madrid and Madrid Calle 30 v Commission of the European Communities

(Case T-177/06)

(2006/C 212/60)

Language of the case: Spanish

Parties

Applicants: Ayuntamiento de Madrid and Madrid Calle 30 (Madrid) (represented by: J. L. Buendía Sierra and R. González-Gallarza Granizo)

Applicants:

Defendant: Commission of the European Communities

Defendant:

Form of order sought

| — | order the cancellation of the classification by the European Commission (Eurostat) of Madrid Calle 30 in the ‘public administration’ sector, in accordance with the ‘European System of Accounts’ (ESA 95) set out in Annex A of Regulation (EC) No 2223/96 of the Council of 25 June 1996, which is based on the accounts published by the Commission (Eurostat) on 24 April 2006 on the data for the year 2005 on government deficit and debt for the application of the Protocol on the excessive deficit procedure; |
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order the cancellation of the classification by the European Commission (Eurostat) of Madrid Calle 30 in the ‘public administration’ sector, in accordance with the ‘European System of Accounts’ (ESA 95) set out in Annex A of Regulation (EC) No 2223/96 of the Council of 25 June 1996, which is based on the accounts published by the Commission (Eurostat) on 24 April 2006 on the data for the year 2005 on government deficit and debt for the application of the Protocol on the excessive deficit procedure;

| — | order the Commission of the European Communities to pay the costs. |
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order the Commission of the European Communities to pay the costs.

Pleas in law and main arguments

This application seeks annulment of the classification by the European Commission (Eurostat) of Madrid Calle 30 S.A. in the ‘public administration’ sector, in accordance with the ‘EUROPEAN SYSTEM OF ACCOUNTS — ESA 95’ (ESA 95) set out in Annex A of Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community (1). According to the applicants, that classification is based on the accounts published by the Commission (Eurostat) on 24 April 2006 on the data for the year 2005 on government deficit and debt for the application of the Protocol on the excessive deficit procedure annexed to the EC Treaty.

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The applicants submit that Madrid Calle 30 is a corporation whose shares are held by the Ayuntamiento de Madrid and a private consortium, formed of three construction and service companies selected after a call for tenders subject to strict criteria in respect of market prices.

In support of their forms of order the applicants allege:

| — | infringement of several of the ESA 95 rules on the classification of institutional units in the ‘public administration’ or ‘non-financial corporation’ sectors. |
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infringement of several of the ESA 95 rules on the classification of institutional units in the ‘public administration’ or ‘non-financial corporation’ sectors.

| — | infringement of the general principles that administrative acts must state the principles on which they are based and that the person concerned must be given a hearing. |
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infringement of the general principles that administrative acts must state the principles on which they are based and that the person concerned must be given a hearing.

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(1)  OJ 1996 L 310, p. 1.

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