# C_2006310EN.01000702.xml

| 16.12.2006 | EN | Official Journal of the European Union | C 310/7 |
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16.12.2006

EN

Official Journal of the European Union

C 310/7

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Appeal brought on 12 October 2006 by the Italian Republic against the judgment delivered by the Court of First Instance (Fourth Chamber) on 13 July 2006 in Case T-225/04 Italian Republic v Commission of the European Communities

(Case C-417/06 P)

(2006/C 310/13)

Language of the case: Italian

Parties

Appellant: Italian Republic (represented by: I.M. Braguglia, Agent, and D. Del Gaizo, avvocato dello Stato)

Appellant:

Other party to the proceedings: Commission of the European Communities

Other party to the proceedings:

Form of order sought

| — | Annul the judgment of the Court of First Instance (Fourth Chamber) of 13 July 2006 in Case T-225/04 dismissing the action brought by the Italian Republic against the Commission for annulment of Commission Decision No C (2003) 3971 final of 26 November 2003 establishing indicative allocations between the Member States of the commitment appropriations under Community initiatives for the period 1994-1999; |
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Annul the judgment of the Court of First Instance (Fourth Chamber) of 13 July 2006 in Case T-225/04 dismissing the action brought by the Italian Republic against the Commission for annulment of Commission Decision No C (2003) 3971 final of 26 November 2003 establishing indicative allocations between the Member States of the commitment appropriations under Community initiatives for the period 1994-1999;

| — | grant the form of order sought at first instance in full pursuant to Article 113 of the Rules of Procedure of the Court of First Instance of the European Communities, as amended, and annul the Commission Decision; |
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grant the form of order sought at first instance in full pursuant to Article 113 of the Rules of Procedure of the Court of First Instance of the European Communities, as amended, and annul the Commission Decision;

| — | order the Commission to pay the costs of the proceedings and the costs in the proceedings before the Court of First Instance. |
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order the Commission to pay the costs of the proceedings and the costs in the proceedings before the Court of First Instance.

Pleas in law and main arguments

| 1. | infringement of the law by reason of misstatement of the legal basis, inconsistent application and misapplication of rules and inadequate statement of grounds in relation to the first part of the first plea in the action before the Court of First Instance (paragraphs 70, 71, 72, 73, 75, 76 and 77 of the judgment); |
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1.

infringement of the law by reason of misstatement of the legal basis, inconsistent application and misapplication of rules and inadequate statement of grounds in relation to the first part of the first plea in the action before the Court of First Instance (paragraphs 70, 71, 72, 73, 75, 76 and 77 of the judgment);

| 2. | infringement of the law by reason of inadequate and contradictory statement of grounds in relation to the second part of the first plea in the action before the Court of First Instance (paragraphs 91, 92, 93, 94 and 95 of the judgment); |
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2.

infringement of the law by reason of inadequate and contradictory statement of grounds in relation to the second part of the first plea in the action before the Court of First Instance (paragraphs 91, 92, 93, 94 and 95 of the judgment);

| 3. | infringement of the law by reason of the lack of legal basis and inadequate and contradictory statement of grounds in relation to the first part of second plea in the action before the Court of First Instance (paragraphs 110 — 123 of the judgment); |
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3.

infringement of the law by reason of the lack of legal basis and inadequate and contradictory statement of grounds in relation to the first part of second plea in the action before the Court of First Instance (paragraphs 110 — 123 of the judgment);

| 4. | infringement of the law by reason of inadequate and contradictory statement of grounds in relation to the second, third and fourth parts of the second plea in the action before the Court of First Instance (paragraphs 147, 148, 149, 151, 153, 154 and 155 of the judgment). |
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4.

infringement of the law by reason of inadequate and contradictory statement of grounds in relation to the second, third and fourth parts of the second plea in the action before the Court of First Instance (paragraphs 147, 148, 149, 151, 153, 154 and 155 of the judgment).

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