Judgment — ECLI:EU:T:1999:171
Date: 1999-09-16
Language of the case: Portuguese
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: European Social Fund (ESF)
Concepts: Statement of reasons;Pleas in law;European Social Fund
Procedure: Action for annulment - unfounded;Action for annulment - successful
Origin: Portugal

Summary of the Judgment 
1. Social policy — European Social Fund — Financial assistance for vocational train­
ing — Accuracy of facts and accounts in final payment claims to be certified by the 
Member States — Scope 
(Council Regulation No 2950/83, Art. 5(4); Council Decision 83/516, Art. 2(2); 
Commission Decision 83/673, Art. 7) 
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SUMMARY — CASE T-182/96 
2. Acts of the institutions — Statement of reasons — Obligation — Scope — Commis­
sion decision reducing, on a proposal from a Member State, assistance from the 
European Social Fund for vocational training 
(EC Treaty, Art. 190 (now Art. 253 EC)) 
3. Social policy — European Social Fund — Financial assistance for vocational train­
ing — Decision reducing assistance initially granted — Obligations of the Commis­
sion — Action to be taken within a reasonable time 
4. Actions for annulment — Fleas in law — Misuse of powers — Meaning 
1. In so far as a Member State confirms 
the accuracy of the facts and accounts 
in final payment claims in respect of a 
grant of financial assistance from the 
European Social Fund (ESF), it is 
responsible to the Commission for the 
certifications which it submits. 
Furthermore, given that Member States 
are under an obligation, pursuant to 
Article 2(2) of Decision 83/516 on the 
tasks of the ESF, to guarantee the 
successful completion of the operations 
financed, any certification under Arti­
cle 5(4) of Regulation N o 2950/83 on 
the implementation of Decision 83/516 
must be regarded as being by nature an 
operat ion carried out by Member 
States subject to all reservations. A 
different interpretation would under­
mine the effectiveness of Article 7 of 
Decision 83/673 on the management of 
the ESF, which requires Member States 
to give notice of irregularities found in 
the management of operations to be 
financed through the ESF. In addition, 
the Commission may, under Arti­
cle 7(1) of Regulation N o 2950/83, 
check final payment claims, 'without 
prejudice to any controls carried out by 
the Member States'. Those obligations 
and powers on the part of the Member 
States are not limited by any restriction 
in time. Consequently, where a Mem­
ber State has already certified the 
accuracy of the facts and accounts in 
the final payment claim, it may still 
alter its assessment of the final pay­
ment claim if it considers that this 
contains irregularities which had not 
been previously detected. 
2. The obligation, laid down in Arti­
cle 190 of the Treaty (now Article 253 
EC), to state the reasons for an indivi­
dual decision is intended to provide the 
person concerned with sufficient infor­
mation to enable him to determine 
whether the decision is well founded 
or whether it is vitiated by an error 
which may permit its validity to be 
contested, and to enable the Commu­
nity judicature to review the lawfulness 
of the decision. A decision reducing the 
amount of ESF assistance initially 
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PARTEX V COMMISSION 
granted must, in view of the serious 
consequences for the recipient, either 
show clearly the grounds justifying that 
reduction or refer with sufficient clarity 
to a measure of the competent national 
authorities in the Member State con­
cerned, in which the reasons for such a 
reduction are clearly set out. 
3. As regards the time which elapses 
between the lodging of a final payment 
claim by the national authority respon­
sible for matters concerning ESF fund­
ing and the Commission's adoption of 
a decision in relation to that claim, the 
question whether that time-gap is rea­
sonable must be determined in relation 
to the particular circumstances of each 
individual case. In particular, it is 
necessary to take account of its con­
text, the various procedural stages 
followed, the complexity of the case 
and its importance for the various 
parties involved. 
4. A measure is tainted by misuse of 
powers only if it appears, on the basis 
of objective, relevant and consistent 
factors, to have been taken with the 
exclusive purpose, or at least the pri­
mary purpose, of achieving an end 
other than that stated or of evading a 
procedure specifically prescribed by the 
Treaty for dealing with the circum­
stances of the case. 
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