Judgment — ECLI:EU:T:2006:20
Date: 2006-01-18
Language of the case: Italian
Court formation: First Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Integrated Mediterranean programmes (IMP)
Concepts: Statement of reasons;Structural funds;Principle of the protection of legitimate expectations
Procedure: Action for annulment - unfounded
Origin: Italy

Notice for the OJ Action brought on 20 March 2003 by Regione Marche against Commission of the European Communities (Case T-107/03) (Language of the case: Italian) An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 20 March 2003 by Regione Marche, represented by Aurelio Pappalardo and Massimo Merola, lawyers. The applicant claims that the Court should: (annul the decision of the Commission adopted by letter of 18 December 2002 and every other measure connected with it and consequent upon it; (order the Commission to pay the costs incurred by Regione Marche for the purpose of the proceedings, including legal fees. Pleas in law and main arguments The present application seeks the annulment of the decision of 18 December 2002 by which the European Commission announced that it was definitively concluding the Integrated Mediterranean Programme (IMP) for the Marche Region, 1 approved by way of Council Regulation (EEC) No 2088/85 2 of 23 July 1985 concerning the integrated Mediterranean programmes on the basis of information provided by the applicant by memorandum of 6 September 2002. According to the contested decision, investments in the beneficiary undertakings did not adhere to the prescribed timetable so far as concerns phase 3 of the programme in question. The applicant argues that there is no legal basis for the contested measure inasmuch as the Commission bases its own decision on the failure of the Marche Region to observe obligations which were not imposed by the applicable legislation. Irrespective of the fact that the Commission accused the applicant of not using fully, by the end of the IPM, the contribution granted to Società Marche Capital, a body set up to promote the development of small and medium-sized undertakings in the region, there is nothing in the relevant provisions to indicate the existence of an obligation incumbent on the Marche Regional authority requiring Marche Capital to expend all the resources granted to it before the IPM Marche expired. The applicant also maintains that the contested decision infringes the principles of legal certainty and sound administration. By approving the agreement concluded between Società Marche Capital and the Marche Region, the Commission gave rise to a legitimate expectation on the part of the Marche Region that it could make use of the whole of the contribution granted to it, provided the methods of financing were in conformity with the agreement itself, which was in fact the case. According to the applicant, the Commission also infringed the principle of sound administration in that, first, it adopted the decision definitively bringing to an end the IPM Marche nearly 8 years after it had expired and, secondly, it was largely inactive throughout that period. Finally, the aplicant takes the view that the Commission infringed Article 253 EC. ____________ 1 - (Bollettino Ufficiale (official journal) for the Regione Marche (supplement No 10 of 28 July 1988) 2 - (OJ 1985 L 197, p. 1