Judgment — ECLI:EU:T:1995:4
Date: 1995-01-12
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
Procedure: Action for annulment - successful
Origin: Portugal

Summary of the Judgment
Acts of the institutions — Statement of reasons— Obligation — Scope — Commission decision,
taken following a proposal by a Member State, to reduce assistance from the European Social
Fund for a training programme
(EEC Treaty, Art. 190)
The purpose of the obligation to state the
reasons on which an individual decision is
based, set out in Article 190 of the Treaty, is
to enable the Community judicature to
review the legality of the decision and to pro­
vide the person concerned with sufficient
information to make it possible to ascertain
whether the decision is well founded or
II-45
SUMMARY— CASE T-85/94
whether it is vitiated by a defect which may-
permit its legality to be contested. The extent
of that obligation depends on the nature of
the measure in question and on the context in
which it was adopted.
In the case of a decision reducing the amount
of assistance initially granted by the Euro­
pean Social Fund, such a decision must, in
view in particular of the fact that it has
serious consequences for the person
benefiting from the assistance, either clearly
set out itself the reasons which justify a
reduction of the amount of the assistance
initially granted or, failing that, and bearing
in mind the system of close collaboration
between the Commission and the Member
States on which the grant of such assistance
is based, refer with sufficient clarity to a
measure of the competent national
authorities of the Member State concerned
in which those authorities set out clearly the
reasons for such a reduction.
II-46