# C_2006074EN.01000501.xml

| 25.3.2006 | EN | Official Journal of the European Union | C 74/5 |
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25.3.2006

EN

Official Journal of the European Union

C 74/5

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Appeal brought on 11 January 2006 by the Regione Siciliana against the judgment of the Court of First Instance of the European Communities (First Chamber, Extended Composition) of 18 October 2005 in Case T-60/03 Regione Siciliana v Commission of the European Communities

(Case C-15/06 P)

(2006/C 74/11)

Language of the case: Italian

An appeal against the judgment of the Court of First Instance of the European Communities (First Chamber, Extended Composition) of 18 October 2005 in Case T-60/03 Regione Siciliana v Commission of the European Communities was brought before the Court of Justice of the European Communities on 11 January 2006 by the Regione Siciliana, represented by I.M. Braguglia, acting as Agent, and G. Aiello, avvocato dello Stato

Regione Siciliana

Commission of the European Communities

The appellant claims that the Court should:

| 1. | set aside the judgment of the Court of First Instance and consequently annul the Commission Decision C (2002) 4905 of 11 December 2002 relating to the cancellation of the aid granted by the European Regional Development Fund, ERDF, as infrastructure investment, for a sum no less than ECU 15 million, in Italy (region: Sicily), and to the recovery of the advance on that assistance made by the Commission, and order the release of the balance; |
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1.

set aside the judgment of the Court of First Instance and consequently annul the Commission Decision C (2002) 4905 of 11 December 2002 relating to the cancellation of the aid granted by the European Regional Development Fund, ERDF, as infrastructure investment, for a sum no less than ECU 15 million, in Italy (region: Sicily), and to the recovery of the advance on that assistance made by the Commission, and order the release of the balance;

| 2. | in any event, order the Commission to pay the costs. |
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2.

in any event, order the Commission to pay the costs.

Pleas in law and main arguments

The appellant claims that the contested judgment is flawed by reason of:

| 1. | infringement and erroneous application of Articles 18(1) and 32(1) of Council Regulation (EEC) No 1787/84 (1) of 19 June 1984 on the European Regional Development Fund, as amended by Council Regulation (EEC) No 3641/85 (2) of 20 December 1985; |
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1.

infringement and erroneous application of Articles 18(1) and 32(1) of Council Regulation (EEC) No 1787/84 (1) of 19 June 1984 on the European Regional Development Fund, as amended by Council Regulation (EEC) No 3641/85 (2) of 20 December 1985;

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| 2. | infringement and erroneous application of Article 24 of Council Regulation (EEC) No 4253/88 of 19 December 1988 (3) laying down provisions for implementing Regulation (EEC) No 2052/88 (4) as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments, as amended by Council Regulation (EEC) No 2082/93 (5) of 20 July 1984; |
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2.

infringement and erroneous application of Article 24 of Council Regulation (EEC) No 4253/88 of 19 December 1988 (3) laying down provisions for implementing Regulation (EEC) No 2052/88 (4) as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments, as amended by Council Regulation (EEC) No 2082/93 (5) of 20 July 1984;

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| 3. | inaccurate statement of reasons on a key issue of the dispute. |
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3.

inaccurate statement of reasons on a key issue of the dispute.

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(1)  No longer in force.

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(2)  No longer in force.

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(3)  No longer in force.

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(4)  No longer in force.

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(5)  OJ L 193 of 31.7.1993, p. 20.

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