Case T-77/06: Action brought on  1 March 2006  — Italian Republic v Commission
Date: 2006-04-22
Institutions: Court of First Instance
Subjects: EU programme, European Commission, Italy, Sicily, action for annulment (EU), advance payment, aid system

C 96/32

EN

Official Journal of the European Union

22.4.2006

Action brought on 1 March 2006 — Italian Republic v
Commission

Pleas in law and main arguments

(Case T-77/06)

(2006/C 96/51)

Language of the case: Italian

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

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

Parties

Action brought on 23 February 2006 — Sachsa
Verpackung v Commission

Applicant: Italian Republic (represented by: Paolo Gentili, Avvo-
cato dello Stato)

Defendant: Commission of the European Communities

(Case T-79/06)

(2006/C 96/52)

Language of the case: French

Form of order sought

The applicant claims that the Court should:

Parties

— annul

the European Commission's Memorandum No
14 012 of 19 December 2005 concerning the POR Sicilia
Programme (claim for payment No 2005 3489) containing
a request
in
Commissioner Barnier's letter of 29 July 2003 as to the
eligibility of the payments on account made in the context
of aid schemes’;

to ‘comply with the conditions set out

— annul

the European Commission's Memorandum No
14 134 of 21 December 2005 concerning the POR Sicilia
Programme
(claim for payment SYSFIN 2005 3554)
containing a request to ‘comply with the conditions set out
in Commissioner Barnier's letter of 29 July 2003 as to the
eligibility of the payments on account made in the context
of aid schemes’;

— annul the European Commission's Memorandum No 765
of 25 January 2006 concerning the programme entitled
‘PON Ricerca scientifica, sviluppo tecnologico e alta forma-
zione’ (Scientific Research, Technological Development and
Higher Education)
(claim for payment No 20 053 784)
containing a request to ‘comply with the conditions set out
in Commissioner Barnier's letter of 29 July 2003 as to the
eligibility of the payments on account made in the context
of aid schemes’;

— annul the European Commission's Memorandum No 1 459
of 13 February 2006 concerning
POR Sicilia
(claim for payment SYSFIN 2006 0029)
Programme
containing a request to ‘comply with the conditions set out
in Commissioner Barnier's letter of 29 July 2003 as to the
eligibility of the payments on account made in the context
of aid schemes’;

the

— order the Commission of the European Communities to

pay the costs.

Applicant: Sachsa Verpackung GmbH (Wieda, Germany) (repre-
sented by: F. Puel and L. François-Martin, lawyers)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Court should:

— set aside Articles 1(k), 2(i) and 4(21) of the decision;

— in the alternative, amend Article 2(i) of the decision and

reduce the amount of the fine;

— order the European Commission to pay all of the costs of

the proceedings.

Pleas in law and main arguments

By the present action the applicant seeks the partial annulment
of Commission Decision C(2005) 4634 final of 30 November
2005 relating to a proceeding pursuant to Article 81 of the EC
Treaty (Case COMP/F/38.354 — Industrial bags), by which the
Commission found that the undertakings to which the decision
was addressed, which included the applicant, had breached
Article 81 of the EC Treaty by participating in agreements or
concerted practices within the
in
Belgium, the Netherlands, Luxembourg, Germany, France and
Spain. In the part of its decision relating to the applicant, the
Commission found that the applicant had taken part in the
single and continuous breach and ordered it to pay a fine.

industrial-bags

sector