# C_2004106EN.01001901.xml

| 30.4.2004 | EN | Official Journal of the European Union | C 106/19 |
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30.4.2004

EN

Official Journal of the European Union

C 106/19

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Action brought on 12 February 2004 by the Italian Republic against the Commission of the European Communities

(Case C-60/04)

(2004/C 106/34)

An action against the Commission of the European Communities was brought before the Court of Justice of the European Communities on 12 February 2004 by the Italian Republic represented by I.M. Braguglia, avvocato, acting as Agent, and A. Cingolo, Avvocato dello Stato.

The applicant claims that the Court should:

| — | Annul Commission Decision No C(2003) 3971 final. of 26 November 2003 which establishes indicative allocations between the Member States of the commitment appropriations under Community initiatives for the period 1994-1999, notified by Letter No SG(2003)D233063 of the Secretary-General of the Commission of 26 November 2003 to the Italian Permanent Representation to the European Union; |
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Annul Commission Decision No C(2003) 3971 final. of 26 November 2003 which establishes indicative allocations between the Member States of the commitment appropriations under Community initiatives for the period 1994-1999, notified by Letter No SG(2003)D233063 of the Secretary-General of the Commission of 26 November 2003 to the Italian Permanent Representation to the European Union;

| — | Annul all annexes and supporting documents; |
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Annul all annexes and supporting documents;

| — | Order the Commission to pay the costs. |
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Order the Commission to pay the costs.

Pleas in law and main arguments:

I –   Incorrect legal basis

| I A – | Incorrect legal basis: lack of competence and in any event absence of the preconditions for the application of Article 12 of Regulation (EEC) No 2052/88 (1) during the preceding programme; |
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I A –

Incorrect legal basis: lack of competence and in any event absence of the preconditions for the application of Article 12 of Regulation (EEC) No 2052/88 (1) during the preceding programme;

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| I B1 – | Incorrect legal basis: complete lack of competence to amend the indicative allocations at the date of the new decision; |
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I B1 –

Incorrect legal basis: complete lack of competence to amend the indicative allocations at the date of the new decision;

| I B2 – | Incorrect legal basis: total failure to identify the correct procedure. |
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I B2 –

Incorrect legal basis: total failure to identify the correct procedure.

II –   Inadequate and contradictory statement of reasons for the contested decision: general

| II A – | Inadequate and contradictory statement of reasons as regards the choice of committee procedure for adoption of the contested decision; |
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II A –

Inadequate and contradictory statement of reasons as regards the choice of committee procedure for adoption of the contested decision;

| II B – | Inadequate and contradictory statement of reasons in the contested decision as regards the method for calculating the new indicative allocation; |
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II B –

Inadequate and contradictory statement of reasons in the contested decision as regards the method for calculating the new indicative allocation;

| II C – | Inadequate and contradictory statement of reasons as regards the difference between the reference tables annexed to the new and old decisions; |
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II C –

Inadequate and contradictory statement of reasons as regards the difference between the reference tables annexed to the new and old decisions;

| II D – | Inadequate and contradictory statement of reasons as regards the reference date for assessing the extent to which the Community initiative programme (CIP) 1994-1999 has been implemented. |
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II D –

Inadequate and contradictory statement of reasons as regards the reference date for assessing the extent to which the Community initiative programme (CIP) 1994-1999 has been implemented.

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(1)  OJ 1988 L 185 of 15.7.1988, p. 9.

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