# C_2007096EN.01001501.xml

| 28.4.2007 | EN | Official Journal of the European Union | C 96/15 |
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28.4.2007

EN

Official Journal of the European Union

C 96/15

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Judgment of the Court (Fifth Chamber) of 22 March 2007 — Regione Siciliana v Commission of the European Communities

(Case C-15/06 P) (1)

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(Appeal - European Regional Development Fund (ERDF) - Closure of Community financial assistance - Action for annulment - Admissibility - Local or regional entity - Measures of direct and individual concern to that entity - Direct concern)

(2007/C 96/24)

Language of the case: Italian

Parties

Appellant: Regione Siciliana, (represented by G. Aiello, lawyer)

Appellant:

Other party to the proceedings: Commission of the European Communities, (represented by E. de March and L. Flynn, Agents, G. Faedo, lawyer)

Other party to the proceedings:

Re:

Appeal against the judgment of the Court of First Instance (First Chamber, Extended Composition) of 18 October 2005 in Case T-60/03 Regione Siciliana v Commission, in which the Court of First Instance dismissed as unfounded an action for annulment of Commission Decision C(2002) 4905 of 11 December 2002 relating to the cancellation of the aid initially granted by the European Regional Development Fund (ERDF) for a sum no less than ECU 15 million in respect of an infrastructure project for the construction of a dam in Sicily (Italy), and the recovery of the advance made by the Commission

Regione Siciliana

Commission

Operative part of the judgment

The Court:

| 1. | Sets aside the judgment of the Court of First Instance of the European Communities of 18 October 2005 in Case T-60/03 Regione Siciliana v Commission. |
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1.

Sets aside the judgment of the Court of First Instance of the European Communities of 18 October 2005 in Case T-60/03 Regione Siciliana v Commission.

Regione Siciliana

Commission

| 2. | Rejects as inadmissible the Regione Siciliana's action for annulment of Commission Decision C (2002) 4905 of 11 December 2002 relating to the cancellation of the aid granted to the Italian Republic by Commission Decision C (87) 2090 026 of 17 December 1987 concerning the provision of assistance by the European Regional Development Fund as infrastructure investment, for a sum no less than EUR 15 million, in Italy (region: Sicily), and for the recovery of the advance on that assistance made by the Commission. |
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2.

Rejects as inadmissible the Regione Siciliana's action for annulment of Commission Decision C (2002) 4905 of 11 December 2002 relating to the cancellation of the aid granted to the Italian Republic by Commission Decision C (87) 2090 026 of 17 December 1987 concerning the provision of assistance by the European Regional Development Fund as infrastructure investment, for a sum no less than EUR 15 million, in Italy (region: Sicily), and for the recovery of the advance on that assistance made by the Commission.

| 3. | Declares that it is not necessary to rule on the appeal brought by the Regione Siciliana against the judgment referred to in paragraph 1 of the present operative part. |
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3.

Declares that it is not necessary to rule on the appeal brought by the Regione Siciliana against the judgment referred to in paragraph 1 of the present operative part.

| 4. | Orders the Regione Siciliana to pay the costs of these proceedings and also those incurred in the procedings at first instance. |
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4.

Orders the Regione Siciliana to pay the costs of these proceedings and also those incurred in the procedings at first instance.

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(1)  OJ C 74, 25.3.2006.

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