Case T-345/04: Action brought on 20 August 2004 by Italian Republic against the Commission of the European Communities
Date: 2004-10-23
Institutions: Court of First Instance
Subjects: European Commission, Friuli-Venezia Giulia, Italy, Lombardy, action for annulment (EU), advance payment, aid system, exchange of information, structural expenditure

23.10.2004

EN

Official Journal of the European Union

C 262/55

Action brought on 13 August 2004 by Stardust Marine
S.A. against the Commission of the European Commu-
nities

scheme by judgment of the Tribunal de Commerce de Paris.
The cessation of payments which led to that judgment is the
direct consequence of the debt arising from the Commission's
decision. The harm sustained is the amount of the deficit in
STARDUST's assets.

(Case T-344/04)

(2004/C 262/101)

(Language of the case: French)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 13 August 2004 by Stardust Marine
S.A., established in Paris, represented by Bernard Vatier, lawyer.

The applicant claims that the Court should:

— Declare that European Commission Decision 2000/513/EC
of 8 September 1999, which orders the French State to
recover the alleged State aid of FRF 600 million from
STARDUST, is vitiated by illegality, and that that illegality is
of such a kind as to engage the Commission's liability
under Article 288 of the EC Treaty;

— Consequently, order the European Commission to pay to
Stardust
the sum of EUR 112 635 569.73 in damages,
with statutory interest from the date of the present applica-
tion;

— Order that the forthcoming decision shall be provisionally

enforceable;

— Order the Commission to pay all the costs in the present

action.

Pleas in law and main arguments

In support of its application, the applicant claims that the
unlawful nature of Decision 2000/513/EC cannot be disputed,
since that decision has already been annulled by judgment of
the Court of Justice EC of 16 May 2002 in Case C-482/99.
That unlawfulness is, the applicant submits, sufficient to engage
the Commission's non-contractual
liability under Article 288
EC. The applicant also claims that, even supposing that the
decision at issue were a legislative act containing economic
policy measures,
the Commission would have infringed a
superior rule of law protecting individuals by adopting a deci-
sion adversely affecting the applicant without legal or factual
basis. Therefore, the applicant argues that the Commission is
required to pay damages to it.

As concerns the harm allegedly sustained, the applicant states
that STARDUST was the subject of a court-supervised recovery

Action brought on 20 August 2004 by Italian Republic
against the Commission of the European Communities

(Case T-345/04)

(2004/C 262/102)

(Language of the case: Italian)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 20 August 2004 by the Italian
Republic

The applicant claims that the Court should annul the following
decisions:

— the memorandum of 17 June 2004 No D (2004) 4074
concerning DOCUP Ob 2 — Lombardy Region 2000-2006
(No. CCI 2000 IT 16 2 DO 014) — Certification of the
intermediate statement of expenses and claim for payment,
received on 17 June 2004, by which the European
Commission — Directorate General Regional Policy —
Regional intervention in France, Greece, Italy, transmitted
the following decision: ‘the Commission therefore requests
the submission of the intermediate statement of expenses
and the claim for payment in question together with the
following
every measure
providing for an aid scheme:

information in respect of

— total amount of advances paid

— amount of the advances paid which are eligible for

structural fund contribution as previously stated.

In the absence of such information, the Commission will
not be able to make the payment requested in respect of
the measures relating to the aid scheme of the DocUP
Lombardy 2000-2006 Objective 2’ together with all other
connected and prior acts;

C 262/56

EN

Official Journal of the European Union

23.10.2004

— the memorandum of 14 July 2004, n.

JE/OA D (2004)
5446, concerning DOCUP OB 2 — Friuli-Venezia Giulia
Region 2000-2006 (No. CCI 2000 IT 16 2 DO 013) —
Certification of the intermediate statement of expenses and
claim for payment, received on 15 July 2004, by which the
European Commission — Directorate General Regional
Policy — Regional
Italy,
transmitted the following decision: ‘the Commission there-
fore requests the submission of the intermediate statement
of expenses and the claim for payment in question together
with the following information in respect of every measure
providing for an aid scheme:

intervention in France, Greece,

— total amount of advances paid

— amount of the advances paid which are eligible for

structural fund contribution as previously stated.

In the absence of such information, the Commission will
not be able to make the payment requested in respect of
the measures relating to the aid scheme of the DocUP
Friuli-Venezia Giulia 2000-2006 Objective 2’ together with
all other connected and prior acts;

the relevant
regulation in the present case
applicant,
precludes
the approach adopted by the Commission,
according to which the rules on eligibility of expenditure
must be understood to mean that they subject eligibility of
expenditure to evidence that the financing has actually been
used to carry out a project which fulfils the purpose for
which the aid was granted.

— infringement of

the rules governing financial control
(Article 38 of the basic regulation and implementing provi-
sions) which do not provide for the requirements alleged by
the Commission.

— breach of the principle of proportionality, in view of the
fact that the Commission requires evidence beyond that
which is required and necessary.

— infringement of Regulation No 448/04 by breach of the
principles of equality and legal certainty and contradiction
in the contested memorandum.

— infringement of Article 9 of Commission Regulation (EC)
No 438/2001 for failure to observe the accounting rules
provided for therein.

— order the Commission of the European Communities to

pay the costs.

— breach of the principle of simplified procedures.

Pleas in law and main arguments:

This action has been brought against the memoranda of the
European Commission of 17 June 2004 No D (2004) 4074
(DOCUP Regione Lombardia) and of 14 July 2004 No JE/OA D
(2004) 5446 (DOCUP Friuli Venezia Giulia), both of which
seek to subject the procedure for the payment of advances in
the context of aid schemes to conditions which are not
required by the legislation in force with the purpose of limiting
improperly the expenditure which is eligible for the use of the
structural funds concerned.

In support of its claims, the Italian Republic alleges:

— breach of essential procedural requirements inasmuch as
the legal basis is incorrect, there is no statement of reasons
and the decision-making procedure has not been complied
with. The applicant points out
the
contested acts make no mention of the provision of law
enabling them to be adopted.

in that regard that

Further to the breach of the obligation to provide reasons, the
applicant also claims that the contested memoranda were not
adopted in accordance with the correct procedure provided by
the Commission's rules of procedure.

— infringement of Article 32 of the basic regulation (Council
Regulation No 1260/99) and of Commission Regulation No
448/04 which make subject payment of advances only to
evidence that the State which is the final beneficiary has
paid the relevant monies to the final recipients of
the
investment.

Action brought on 17 August 2004 by Sadas S.A. against
the Office for Harmonisation in the Internal Market
(Trade Marks and Designs) (OHIM)

(Case T-346/04)

(2004/C 262/103)

(Language in which the application was submitted: French)

An action against the Office for Harmonisation in the Internal
Market (Trade Marks and Designs) (OHIM) was brought before
the Court of First Instance of the European Communities on 17
August 2004 by Sadas S.A., established in Tourcoing (France),
represented by A. Bertrand, lawyer.

L.T.J. Diffusion was also a party to the proceedings before the
Board of Appeal.

The applicant claims that the Court should:

— alter in its entirety the operative part of the decision of the

First Board of Appeal in Case R 393/2003-1;

— annul the decision contested in that case by which the
examiner found that there is a likelihood of confusion in
the minds of the public between the mark ‘ARTHUR’ and
sought
the mark in respect of which registration is
‘ARTHUR ET FELICIE’;

— infringement of the rules governing eligibility of the expen-
diture laid down in the basic regulation. According to the

— order L.T.J. Diffusion to pay the costs.