Case T-363/03: Action brought on 22 October 2003 by the region of Sicily against the Commission of the European Communities
Date: 2003-12-13
Institutions: Court of First Instance
Subjects: European Commission, European Regional Development Fund, Sicily, action for annulment (EU), balance of payments assistance, regional aid, suspension of aid

C 304/34

EN

Official Journal of the European Union

13.12.2003

Action brought on 22 October 2003 by the region of
Sicily against the Commission of the European Communi-
ties

(Case T-363/03)

(2003/C 304/62)

(Language of the case: Italian)

An action against the European Commission was brought
before the Court of First Instance of the European Communities
on 22 October 2003 by the region of Sicily, represented and
defended by avvocato dello Stato Antonio Cingolo.

The applicant claims that the Court should:

— annul Commission Decision C (2003) 2890 final of
13 August 2003, and debit note No 3240504102 of
26 September 2003 issued by the Commission for the
recovery of the sum of EUR 7 704 723,00, and order the
Commission to pay the costs accordingly.

Pleas and main arguments

The Region of Sicily brought an action before the Court of
First Instance against Commission Decision C (2003) 2890
final of 13 August 2003 concerning cancellation of the
contribution from the European Regional Development Fund
(ERDF) granted to an infrastructure investment, the Porto
Empedocle Major Project, under the Community support
framework for structural assistance in the Objective 1 regions
of Italy, Region of Sicily, for the period 1989/93, and also
brought an action against debit note No 3240504102 of
26 September 2003 issued by the Commission for the recovery
of the sum of EUR 7 704 723,00.

The infrastructure was cofinanced by the ERDF of the European
Union under Commission Decision C (90) 2363 025 of
14 December 1990.

In support of its plea the region of Sicily argued:

A)

B)

C)

D)

E)

Infringement of Article 54(1) and Article 52(1) of Council
Regulation (EC) No 1260/1999 (1) and incorrect appli-
cation of Article 24 of Council Regulation (EEC) No 4253/
1988 of 19 December 1988 (2), inasmuch as the decision
to cancel the contribution is supported by reference to a
provision repealed with effect from 1 January 2000.

Infringement of Article 24 of Council Regulation (EEC)
No 4253/88, and misuse of powers through failure to
state reasons or inconsistency of reasons, as the wording
of Article 24 does not make express provision for the
cancellation of the whole of a contribution.

Infringement of Article 24 of Council Regulation (EEC)
No 4253/88, and misuse of powers through failure to
state reasons and to take into account crucial facts and
information, as the reasons for the Commission’s choice
to cancel rather than reduce the assistance in question do
not appear in the contested decision, in spite of the fact
that the data and information supplied by the recipient
give evidence of the continued usefulness of the works
carried out and of the imminent completion of the entire
Porto Empedocle Major Project.

Infringement of Article 24(1) of Council Regulation (EEC)
No 4253/88, and misuse of powers through failure to
state reasons and to carry out suitable preliminary
investigations, since the Commission did not state clearly
the reasons for which it considered the Region of Sicily’s
observations insufficient.

Infringement of Article 24(3) of Council Regulation
(EEC) No 4253/88, since the debit note issued by the
Commission does not relate to sums received unduly and
to be recovered, as required in the above-mentioned
provision.

(1) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying
down general provisions on the Structural Funds (OJ 1999 L 161,
p. 1).

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