Case T-451/04: Action for failure to act brought on 18 November 2004 by Mediocurso – Estabelecimento de Ensino Particular S.A. against the Commission of the European Communities
Date: 2005-01-22
Institutions: Court of First Instance
Subjects: European Commission, Portugal, action for failure to act, educational institution, enforcement of ruling, judgment of the Court (EU)

C 19/32

EN

Official Journal of the European Union

22.1.2005

Action brought on 5 November 2004 by the Italian
the European
Republic

the Commission of

against

Communities

(Case T-443/04)

(2005/C 19/66)

(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 5 November 2004 by the Italian
Republic, represented by Antonio Cingolo, Avvocato dello
Stato.

The applicant claims that the Court should:

— annul

the European Commission's memoranda of 27
August 2004 (DOCUP Abruzzo), 3 September 2004
(DOCUP Lazio), 15 September 2004 (POR Molise), 17
September 2004 (PON Sviluppo Imprenditoriale Locale
(local business development)), 17 September 2004 (DOCUP
Veneto), 20 September 2004 (POR Calabria) and 22
September 2004 (DOCUP Liguria), all of which make the
the procedures for the payment of
implementation of
advances under the aid schemes subject
to obligations
which are not laid down in the relevant rules, with the
effect of unlawfully restricting the admissibility of the oper-
ating costs of the Structural Funds to which they relate;

— order the defendant to pay the costs.

Pleas in law and main arguments:

The pleas in law and main arguments are those put forward in
Case T-345/04 Italian Republic v Commission (1).

European Communities on 9 November 2004 by CO-FRUTTA
Soc. coop. a r.l., represented by Wilma Viscardini and Gabriele
Donà.

The applicant claims that the Court should:

the Secretary General of

— annul, pursuant to Article 230 EC, the decision contained
in the letter of
the European
Commission dated 10 August 2004 (SG/B/2/MM/tf D
(2004) 7079), substantially rejecting the confirmatory appli-
cation – submitted by Co-Frutta by letter of 3 May 2004 –
for access to the documents containing data for 1998,
1999 and 2000 relating to operators registered in the Com-
munity to import bananas (WTO – bananas);

— order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments:

In support of its complaints, the applicant submits that the
Commission could no longer adopt
the contested decision
given that an (implied) decision rejecting the confirmatory
application had already been taken by reason of the absence of
a reply.

Furthermore,
the applicant puts forwards other arguments
largely the same as those in the action brought in Case T-355/
04 (OJ C 262 of 23 October 2004).

(1) OJ C 262 of 23.10.2004, p. 55.

Action for failure to act brought on 18 November 2004 by
Mediocurso – Estabelecimento de Ensino Particular S.A.
against the Commission of the European Communities

Action brought on 9 November 2004 by the CO-FRUTTA
Soc. coop. a r.l. against the Commission of the European
Communities

(Case T-446/04)

(2005/C 19/67)

(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

(Case T-451/04)

(2005/C 19/68)

(Language of the case: Portuguese)

An action against the Commission of the European Commu-
nities was brought before the Court of First Instance of the
European Communities on 18 November 2004 by Mediocurso
– Estabelecimento de Ensino Particular S.A., established in
Lisbon (Portugal), represented by Carlos Botelho Moniz and
Eduardo Maia Cadete, lawyers, with an address for service in
Lisbon.

22.1.2005

EN

Official Journal of the European Union

C 19/33

The applicant claims that the Court should:

— declare that the Commission, by failing to comply with
Article 233 EC, was in breach of its duty to implement the
judgment of the Court of Justice of the European Commu-
nities of 21 September 2000 in Case C-462/98 P Medio-
curso v Commission;

and does not amount to a measure implementing the above-
mentioned judgment.

Thus, as provided for in Article 232 EC, the Commission has
unlawfully failed to act and in accordance with the first para-
graph of Article 232 EC the Court of Justice may establish the
infringement.

— order the Commission to pay the costs.

Pleas in law and main arguments

The applicant founds its claim on the Commission's alleged
failure to take the necessary measures to comply with the judg-
ment of the Court of Justice of 21 September 2000 in Case C-
462/98 P Mediocurso v Commission.

More than 50 months have passed since the judgment was
delivered and the Commission has not taken the measures
to take,
which implementation of
namely taking a decision on the applicant's requests for
payment of outstanding balances.

the judgment require it

Despite having been formally requested to act, by letter from
the applicant dated 19 July 2004, the Commission merely
responded, by letter of 31 August 2004, that its services would
be taking new decisions as soon as possible. In the applicant's
submission, that response is a purely interim communication

Removal from the Register of Case T-259/99 (1)

(2005/C 19/69)

(Language of the case: Dutch)

By order of 9 November 2004, the President of the Second
Chamber (Extended Composition) of the Court of First Instance
of the European Communities has ordered the removal from
the Register of Case T-259/99, Tankstation Jagt B.V. v Commis-
sion of the European Communities.

(1) OJ C 6 of 8.1.2000.