Case C-431/03: Action brought on 30 September 2003 by the Italian Republic against the Commission of the European Communities
Date: 2003-12-13
Institutions: Court of Justice
Subjects: European Commission, Italy, State aid, action for annulment (EU)

C 304/14

EN

Official Journal of the European Union

13.12.2003

Action brought on 30 September 2003 by the Italian
Republic against the Commission of the European Com-
munities

made by the Member State as final beneficiary subject to
the only requirement that the expenditure should be in
fact incurred by the final beneficiary itself.

(Case C-431/03)

(2003/C 304/20)

(1) OJ 1999 L 161, p. 1.
(2) OJ 2000 L 193, p. 39.

(b)

Inadequate and contradictory statement of reasons.

An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities on 30 September 2003 by the Italian Republic
represented by Ivo Maria Braguglia, acting as Agent, and
Antonio Cingolo, Avvocato dello Stato.

The applicant claims that the Court should:

— order the joinder of the present case with the related
Cases C-138/03 and C-324/03; annul Memorandum
No 26777a of the European Commissioner, Mr Barnier,
of 29 July 2003 in so far as it excludes from financing
the advances paid in relation to State aid granted by the
Member States after 19 February 2003; annul all related
and preceding acts;

— order the Commission of the European Communities to

pay all the costs.

Pleas in law and main arguments

The applicant argues that the contested measure should be
annulled on the following grounds:

(a)

infringement of Article 32 of Regulation (EC) No 1260/
1999 (1) and of Rule 1(1) and (2)
in the Annex to
Commission Regulation (EEC) No 1685/2000 (2).

The contested measure clearly infringed the abovemen-
tioned regulations.

None of the provisions contained in the abovementioned
regulations states that the activities actually carried out
and charged to financing are significant in terms of the
eligibility of the payment made by the final recipients of
the funding under State aid.

Rather on the contrary, the scheme laid down in those
regulations, so far as concerns the State aid within the
meaning of Article 87 EC, considers eligible payment

Action brought on 10 October 2003 by Commission of
the European Communities against Portuguese Republic

(Case C-432/03)

(2003/C 304/21)

An action against
the Portuguese Republic was brought
before the Court of Justice of the European Communities on
10 October 2003 by the Commission of
the European
Communities, represented by António Caeiros, acting as
Agent, with an address for service in Luxembourg.

The applicant claims that the Court should:

1. Declare that:

— by making tubes of polyethylene imported from
other Member States subject to an approval pro-
cedure, pursuant to Article 17 of Decree-Law No 38/
382 of 7 August 1951, without taking account of
approval certificates issued by those States,

and

— by omitting to inform the Commission of that

measure,

the Portuguese Republic has failed to fulfil its obligations
under Articles 28 EC and 30 EC, and also under Articles 1
and 4(2) of Decision No 3052/95/EC of the European
Parliament and of the Council (1) of 13 December 1995
establishing a procedure for the exchange of information
on national measures derogating from the principle of
the free movement of goods within the Community;

2. Order the Portuguese Republic to pay the costs.