Case C-301/03: Action brought on 2 July 2003 by the Italian Republic against the Commission of the European Communities
Date: 2003-09-20
Institutions: Court of Justice
Subjects: EU regional policy, European Commission, Italy, action for annulment (EU), eligible region, regional aid

20.9.2003

EN

Official Journal of the European Union

C 226/7

Action brought on 2 July 2003 by the Italian Republic
against the Commission of the European Communities

(Case C-301/03)

(2003/C 226/10)

the Commission of

An action against
the European
Communities was brought before the Court of Justice of the
European Communities on 2 July 2003 by the Italian Republic,
represented by I. M. Braguglia, acting as Agent, and G. Aiello,
avvocato dello Stato.

The applicant claims that the Court should:

of

for

Committee

the Advisory

— annul the act of the Commission reference CDRR-03-
0013-00-it (document 4), referred to in the notes of the
Commission described below as an act ‘communicated
officially to the Member States on the occasion of the
meeting
the
Development and Conversion of Regions of 23 April
2003’ (note of 2 June 2003, No 107135) and the note
of 14 May 2003 no 106387 (document 6), received on
15 May 2003, whereby the Directorate for Regional
Operations
in France, Greece and Italy within the
Directorate-General for Regional Policy of the European
Commission gave notice of its decision on the final date
for the eligibility of expenditure relating to modifications
to the programming complements for POR Sardegna
2000-2006;
the note of 28 May 2003 No 107051
(document 7), received on 2 June 2003, whereby the
Directorate for Regional Operations in France, Greece
and Italy within the Directorate-General
for Regional
Policy of the European Commission gave notice of its
decision on the final date for the eligibility of expenditure
relating to modifications to the programming comple-
ments for POR Sicilia 2000-2006; the note of 2 June
2003 No 107135 (document 8), received in 2003 (1),
whereby the Directorate for Regional Operations in
France, Greece and Italy within the Directorate-General
for Regional Policy of the European Commission gave
notice of its decision on the final date for the eligibility
of expenditure relating to modifications to the program-
ming complements for DOCUP Lazio 2000-2006, toge-
ther with all connected acts and decisions;

— order the Commission to pay the costs.

Pleas in law and main arguments

B. Infringement of Article 30 of Regulation (EC) No 1260/1999

According to the applicant, the final date for eligibility of
expenditure relating to programming complements is fixed,
with no possibility of derogation, by the general regulation.
regulation imply normal
that
The specific provisions of
retroactivity from the moment of contribution from the
Funds (the date on which the Commission receives an applica-
tion for assistance) unless there are changes affecting the
facts set out in the decision to grant a contribution from the
Funds.

The Commission, on the other hand, has determined that,
where modifications are made to a programming complement,
the starting date for the eligibility of expenditure is established
by the Surveillance Committee and may not precede the
decision of
in
question. The modified programming complement must
specify the starting date for the eligibility of new expenditure
occasioned by the modification.

the Committee approving the amendment

If the Commission's view were to be applied, Article 30(2) of
the regulation would loose all preceptive force because any
programming complement
implements the assistance
that
approved by decision of the Commission would postpone
the date for the eligibility of expenditure and the starting date
for the eligibility of expenditure fixed by the regulation would
never be used.

C. The applicant claims that the acts complained of are unlaw-
ful because they lack any proper legal base and constitute
an abuse of power involving the perversion of proceedings,
lack of jurisdiction, and infringement of the regulation by the
Commission.

(1) Received probably on 30 June 2003.
(2) OJ L 161 of 26.6.1999, p. 1.

Action brought on 16 July 2003 by the Commission of the
European Communities against the United Kingdom of
Great Britain and Northern Ireland

(Case C-305/03)

(2003/C 226/11)

A. Infringement of Articles 15 and 34 of Regulation (EC)
No 1260/1999 (2)

By the acts in issue the Commission actively intervened in the
process of modifying programming complements, or in other
words, the actual management of programming. That is not
within its remit, as defined by the regulation cited and the
Commission had no powers and transgressed into a sphere of
competence not its own.

An action against the United Kingdom of Great Britain and
Northern Ireland was brought before the Court of Justice of the
European Communities on 16 July 2003 by the Commission of
the European Communities, represented by Richard Lyal, acting
as agent, with an address for service in Luxembourg.

The Applicant claims that the Court should:

1)

declare that by applying a reduced rate of value added tax
to the commission paid to auctioneers on the sale by