Case T-290/02: Action brought on 24 September 2002 by Associazione Consorzi Tessili — ASCONTEX against Commission of the European Communities
Date: 2002-11-23
Institutions: Court of First Instance
Subjects: action for annulment (EU), clothing, financial aid, redemption, textile industry, trade event

23.11.2002

EN

Official Journal of the European Communities

C 289/33

Action brought on 24 September 2002 by Associazione
Consorzi Tessili — ASCONTEX against Commission of
the European Communities

(Case T-290/02)

(2002/C 289/61)

(Language of the case: French)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 24 September 2002 by Associa-
zione Consorzi Tessili — ASCONTEX, whose registered office
is at Milan (Italy), represented by Patrick Mbaya and Laurent
Denis, lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

— annul the decision of 12 July 2002 withdrawing financial
assistance from the applicant for the ASCONTEX IBEX
EURESPRIT project;

— declare that the advance of EUR 200 000 is not to be

repaid;

— annul in part, in the alternative, the decision of 12 July
2002 withdrawing financial assistance from the applicant
for the ASCONTEX IBEX EURESPRIT project;

— declare that the advance of EUR 200 000 is to be repaid
to the Commission only after the latter adopts a decision
on the eligibility of the expenditure submitted and on the
proportion of that not used by the applicant;

— order, in any event, the defendant to pay the costs.

Pleas in law and main arguments

The applicant is a member of the Italian association of textile
manufacturers.
It received from the Commission financial
assistance for an international salon exhibition in the textile
and clothing sector. The salon was to be held in Capri.

In the contested decision, the Commission withdraws its
financial assistance and seeks repayment of the advance already
paid.

In support of its arguments, the applicant alleges, first, breach
of the duty to provide reasons. According to the applicant, the
Commission never carried out the investigation required under
Article 24 of Regulation (EEC) No 4253/88 (1), which is
applicable in the present case. Thus, the Commission did not
invite Italy to submit
its comments despite the fact that
financial assistance was granted with the support of the Italian
the
Government. Furthermore,
Commission failed to reply to its proposals to make changes
to the project. The applicant further states that the Commission
has not adopted a decision on the eligibility of the expenditure
incurred by it in relation to the project. According to the
applicant, the Commission was in full possession of all the
information in that regard.

the applicant claims that

The applicant also alleges breach of the principle of legitimate
expectations. According to the applicant, the Commission has
not challenged the eligibility of the expenditure incurred by
the applicant.

The last plea in law put forward by the applicant alleges breach
of the principle of legal certainty. According to the applicant,
the Commission has rejected the expenditure claimed by the
applicant for lack of certification whereas it had never made
any such observation previously. Moreover,
the applicant
states that certification for expenditure must be submitted with
the final report for the project.

(1) 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
existing financial instruments (JO L 374, p. 1).

Action brought on 17 September 2002 by González
y Díez S.A. against the Commission of the European
Communities

(Case T-291/02)

(2002/C 289/62)

(Language of the case: Spanish)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 17 September 2002 by the under-
taking González y Díez S.A., Villabona-Llanera (Asturias,
Spain), represented by J. Folguera Crespo, A. Martínez Sánchez
and J.C. Engra Moreno, lawyers.