Order — ECLI:EU:C:2009:136
Date: 2009-03-05
Language of the case: French
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: European Social Fund (ESF)
Concepts: General
Procedure: Action for annulment;Appeal - unfounded
Origin: Italy

Order of the Court of 5 March 2009 - Commission of the European Communities v Provincia di Imperia (Case C-183/08 P) 1 (Appeal - Article 119 of the Rules of Procedure - Conditions governing the admissibility of an action for annulment - Interest in bringing an action - Call for proposals regarding the financing of innovative actions under the European Social Fund - Dismissal - Benefit for the applicant arising from a possible annulment of the contested act) Language of the case: French Parties Appellant: Commission of the European Communities (represented by: D. Martin and L. Flynn, acting as Agents) Other party to the proceedings: Provincia di Imperia (represented by: K. Platteau and S. Rostagno, avocats) Re: Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 14 February 2008 in Case T-351/05 Provincia di Imperia v Commission, by which the Court of First Instance declared admissible (but unfounded) the action brought by the applicant, seeking the annulment of the Commission's decision of 30 June 2005 to refuse to grant a subsidy in the context of a call for proposals concerning innovative measures under the European Social Fund - Infringement of the conditions governing the admissibility of an action for annulment - The notion of an interest in bringing an action - No benefit for the applicant arising from a possible annulment of the contested act Operative part of the order The appeal is dismissed as manifestly unfounded. The Commission of the European Communities shall bear its own costs. ____________ 1 - 2 - OJ C 209, 15.8.2008.