# C_2012109EN.01001602.xml

| 14.4.2012 | EN | Official Journal of the European Union | C 109/16 |
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14.4.2012

EN

Official Journal of the European Union

C 109/16

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Action brought on 23 January 2012 — Région Poitou-Charentes v Commission

(Case T-31/12)

2012/C 109/37

Language of the case: French

Parties

Parties

Applicant: Région Poitou-Charentes (Poitiers, France) (represented by: J. Capiaux, lawyer)

Applicant:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

| — | Annul the European Commission decision of 18 November 2011 refusing to close the Community initiative programme INTERREG III B ‘Atlantic Area’ 2000/2006 (reference CCI No 2001 RG 16 0 PC 006) adopted by the European Commission. |
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Annul the European Commission decision of 18 November 2011 refusing to close the Community initiative programme INTERREG III B ‘Atlantic Area’ 2000/2006 (reference CCI No 2001 RG 16 0 PC 006) adopted by the European Commission.

Pleas in law and main arguments

Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.

| 1. | First plea in law, alleging the unlawfulness of the Commission decision, in so far as the signatory of the measure was not entitled to a delegated right of signature. |
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1.

First plea in law, alleging the unlawfulness of the Commission decision, in so far as the signatory of the measure was not entitled to a delegated right of signature.

| 2. | Second plea in law, alleging disregard of essential procedural requirements, the Commission not being compliant with the mandatory time-limit imposed by Article 37(1) of Regulation No 1260/1999 (1) for stating its reasons why the applicant's final report was unsatisfactory. |
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2.

Second plea in law, alleging disregard of essential procedural requirements, the Commission not being compliant with the mandatory time-limit imposed by Article 37(1) of Regulation No 1260/1999 (1) for stating its reasons why the applicant's final report was unsatisfactory.

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| 3. | Third plea in law, alleging errors of law:






  — | the Commission having alleged that the applicant did not comply with the rules concerning approval of the final report, whereas the rules of the monitoring committee provided for a scheme of implicit approval of that report at the expiry of a six day time-limit; and |
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3.

Third plea in law, alleging errors of law:

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the Commission having alleged that the applicant did not comply with the rules concerning approval of the final report, whereas the rules of the monitoring committee provided for a scheme of implicit approval of that report at the expiry of a six day time-limit; and

| — | the Commission having stated that the applicant’s report should have been drafted in English, whereas there is no rule requiring that a report be drafted in a language other than that of the managing authority (in this case French) in order to be valid. |
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the Commission having stated that the applicant’s report should have been drafted in English, whereas there is no rule requiring that a report be drafted in a language other than that of the managing authority (in this case French) in order to be valid.

| 4. | Fourth plea in law, alleging inadequate reasons for the contested decision. |
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4.

Fourth plea in law, alleging inadequate reasons for the contested decision.

| 5. | Fifth plea in law, alleging an abuse of power, the Commission having taken into account a ground which by its nature is extraneous to European interests in order to refuse to close the initiative programme in question. |
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5.

Fifth plea in law, alleging an abuse of power, the Commission having taken into account a ground which by its nature is extraneous to European interests in order to refuse to close the initiative programme in question.

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(1)  Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds (OJ 1999 L 161, p. 1).

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