Case T-249/02: Action brought on 14 August 2002 by Ricostruzione Industriale (IRI) SpA against Commission of the European Communities
Date: 2002-09-28
Institutions: Court of First Instance
Subjects: EU aid, European Social Fund, Italy, action for annulment (EU), coordination of financing, operational programme

C 233/36

EN

Official Journal of the European Communities

28.9.2002

Gonçalves, residing in Viana do Castelo, represented by João
Dias Gonçalves, lawyer.

The applicant claims that the Court should:

The applicant claims that the Court should:

— order the Commission of the European Communities to
compensate him at a rate to be set by the Court but at no
less than EUR 1 016 200;

— order the Commission to pay all the costs;

— annul the contested decision;

— in the alternative, declare, under Article 241 of the
Treaty, unlawful and inapplicable Article 22 of Regulation
No 4253/88 in conjunction with Articles 3 and 4 of
Regulation No 1866/90;

— order the Commission to pay the costs.

— order the Commission to publish the order against it in
the European daily and weekly newspapers with the
greatest circulation.

Pleas in law and main arguments

Pleas in law and main arguments

In support of his claims, the applicant alleges errors in the
tests in General Competition COM/A/6/01, irregularities in
the marking of the tests, infringement of the rules of the
competition, of the general principles of transparency, neu-
trality and impartiality, and failure to treat the candidates
equally.

In the applicant’s view, his legitimate professional expectations
were thus prejudiced, so that annulment of the competition
would not suffice to make good the damage suffered. He
therefore asks for the material and non-material damage
suffered by him as a result of its conduct to be compensated,
in particular loss of earnings, including the benefits which the
applicant should have obtained in all likelihood or probability.

Action brought on 14 August 2002 by Ricostruzione
Industriale (IRI) SpA against Commission of the European
Communities

(Case T-249/02)

(2002/C 233/63)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 14 August 2002 by Ricostruzione
Industriale (IRI) SpA, represented by Gian Michele Roberti,
Alessandra Franchi and Roberto De Lisa, lawyers.

The present action has been brought against Commission
Decision of 31 March 2000, 004484, fixing the final amount
in respect of the files ‘Public Bodies’ — P.O. 901010 I1,
906022 I1, 906030 I6 and 936030 I6, concerning contri-
butions by the European Social Fund. That decision reduced
the ESF assistance initially granted to Italy by Decisions of
12 December 1990, C(90) 3017 and of 17 December 1990,
C(90) 2682 and C(90) 2746, adopted pursuant to Article 14(3)
of Council Regulation (EEC) No 4253/88 of 19 December
1988, laying down provisions for implementing Regulation
(EEC) No 2052/88 as regards coordination of the activities of
the different Structural Funds between themselves and with
the operations of the European Investment Bank and the other
in
existing financial
respect of the financing of operational programmes concerning
Objectives 3 and 4, actions of the Economic Public Bodies to
be undertaken in the southern-central and southern regions,
and relating to structural action by the Bodies themselves in
the regions covered by Objective 1.

instruments (OJ 1988 L 374, p. 1),

In support of its claims, the applicant alleges:

— infringement of the rights of the defence, since at no time
during the administrative procedure was it given an
opportunity to make its views known either to the
national authorities or to the Commission itself.

— misapplication of the relevant legislation, in particular of
the provisions on ECU/national currency exchange rates
to be applied for the purpose of determining the avail-
ability of
individual operational pro-
grammes within the framework of the ESF, the initial
request having been submitted in the national currency,
which led to a reduction by comparison with the
maximum payable amount under the original decision
granting the funds.

financing for

— the existence of manifest errors of assessment

in
implementing a number of deductions on final settlement
of the operational programme which is covered by the
contested decision. In particular, it contains a number of
computational errors committed by the national auth-
ority, when it drew up the request for the balance, which
did not carry out the checks which it was required to do
under the relevant Community legislation regarding ESF
assistance.

28.9.2002

EN

Official Journal of the European Communities

C 233/37

In the alternative, the applicant alleges breach of the principles
of equality, proportionality and the protection of legitimate
expectations.

an appropriate and equitable rate in the view of the Court
and order the defendant to pay the costs.

Action brought on 20 August 2002 by Autosalone Ispra
snc against Commission of the European Communities

(Case T-250/02)

(2002/C 233/64)

(Language of the case: Italian)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 20 August 2002 by Autosalone
Ispra snc, represented by Barbara Casu, lawyer.

Pleas in law and main arguments

The purpose of these proceedings is to obtain a declaration
that the EAEC is liable in delict or tort in its own right and/or
jointly and/or severally with other bodies which may be found
liable for the events which took place in Ispra on 3 May 2002
and the damage suffered as a result. The applicant recalls that
on that date it rained extremely heavily in the municipality of
Ispra. The premises of the applicant was unexpectedly flooded
following the overflowing of the sewer belonging to the Joint
Research Centre of the EAEC-Euratom.

The applicant points to the danger posed by that sewer and to
its obvious insufficient capacity to carry off water. The
proprietors moreover negligently,
recklessly and incom-
petently failed over the years to provide maintenance intended
to prevent a recurrence and thus undermined also the safety
of the adjacent population.

The applicant claims that the Court should:

— order the EAEC-Euratom to compensate Autosalone Ispra
snc for the all the damage suffered and to be suffered at

On the basis of those considerations the applicant takes the
view that the Community has incurred non-contractual liability
under Article 188(2) of the EAEC Treaty.