Case T-314/04: Action brought on 27 July 2004 by the Federal Republic of Germany against the Commission of the European Communities
Date: 2004-10-23
Institutions: Court of First Instance
Subjects: European Commission, European Regional Development Fund, Germany, North Rhine-Westphalia, action for annulment (EU), financing plan

C 262/46

EN

Official Journal of the European Union

23.10.2004

the imminent

further amendment

The applicant also submits that the Commission breached its
duty of care towards the applicant by failing to inform it in
good time of
to the
Combined Nomenclature. The Commission also proceeded,
when issuing the contested decision, on the basis of circum-
stances which did not objectively obtain. By so doing, the
Commission exceeded the scope of the discretionary power
which it enjoys in this context, thereby adversely affecting the
applicant. The applicant concludes by stating that it did not act
in a patently negligent manner or with any deceitful intention.

(1) Commission Regulation (EC) No 3009/95 of 22 December 1995
amending Annex I to Council Regulation (EEC) No 2658/87 on the
tariff and statistical nomenclature and on the Common Customs
Tariff (OJ 1995 L 319, p. 1).

(2) Council Regulation (EC) No 3093/95 of 22 December 1995 laying
down the rates of duty to be applied by the Community resulting
from negotiations under GATT Article XXIV.6 consequent upon the
accession of Austria, Finland and Sweden to the European Union
(OJ 1995 L 334, p. 1).

(3) Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff
and statistical nomenclature and on the Common Customs Tariff
(OJ 1987 L 256, p. 1).

Action brought on 27 July 2004 by the Federal Republic
of Germany against the Commission of the European
Communities

(Case T-314/04)

(2004/C 262/87)

(Language of the Case: German)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 27 July 2004 by the Federal
Republic of Germany, represented by Claus-Dieter Quassowski
and Christoph von Donat.

The applicant claims that the Court should:

— annul the Commission decision notified by letter of the
Directorate-General for Regional Policy of 17 May 2004 in
so far as the Community assistance from the European
Regional Development Fund for the Objective 2 Programme
1997-1999
No
97.02.13.005/ARINCO No 97.DE.16.005) was reduced to
EUR 319 046 236.76 and payment to the German authori-
ties of the balance amounting to EUR 5 488 569.24 was
refused;

Rhine-Westphalia

(ERDF

North

of its discretion and that there are mistakes in the contested
decision's reasoning.

By the contested decision the Commission reduced the Com-
munity assistance from the structural
fund (the European
Regional Development Fund) for the Objective 2 Programme
1997-1999 North Rhine-Westphalia to EUR 319 046 236.76
and refused to pay to the German authorities the balance
amounting to EUR 5 488 569.24. The background to the
reduction is that, compared with the indicative financing plan,
recourse to the programme was lower in the case of certain
measures and higher in the case of others. The balancing out
did not take place within the programme's respective priorities,
but at the level of the programme as a whole.

The Commission is of the view that only a transfer between
measures, and not a transfer between programme priorities, is
possible, or that the latter would have required the Commission
first to have taken a fresh decision. In its view, this also applies
to expenditure under the approved programme that turns out
higher and is not linked to an application for an increase in
ERDF assistance.

The German Government considers the transfers to be objec-
tively justified. It submits that the transfers, which are insignifi-
cant in amount, help to achieve the Community's assistance
objectives. There are no grounds for a reduction. In particular,
the reduction in the approved ERDF assistance cannot be justi-
fied on the basis that the competent authorities and agencies in
the Land North Rhine-Westphalia administered in a flexible
manner the indicative financing plan for the programme for
Community structural interventions in the areas falling within
Objective 2 in respect of the period from 1 January 1997 to
31 December 1999. In this regard, the reduction of the balance
to be paid infringes Community law.

The German Government further submits that, by not allowing
any flexibility at the level of priorities even where, at the end of
a reference period, formal Commission approval can no longer
be attained, the Commission inexpediently restricts the freedom
of action of the Member State or the competent local authori-
ties and agencies.

Action brought on 2 August 2004 by Wam SpA against
the Commission of the European Communities

(Case T-316/04)

(2004/C 262/88)

— order the Commission to pay the costs of the proceedings.

(Language of the case: Italian)

Pleas in law and main arguments:

The applicant complains, pursuant to Article 230 EC, that
secondary Community law and general principles of law have
been infringed, that the Commission has erred in the exercise

An action was a brought before the Court of First Instance of
the European Communities on 2 August 2004 against the
Commission of
the European Communities by Wam SpA,
represented by Ernesto Giuliani, lawyer.