Case T-40/02: Order of the Court of First Instance of 8 February 2007 — Capitalia, formerly Banca di Roma v Commission
Date: 2007-04-14
Institutions: Court of First Instance
Subjects: European Commission, Italy, State aid, action for annulment (EU), bank, control of State aid

14.4.2007

EN

Official Journal of the European Union

C 82/53

the applicant complains of breach of
In the alternative,
Article 7(4) of Regulation No 1258/1999 (3) and of Article 5(2)
(c) of Regulation No 729/90 (4), by virtue of the incorrect appli-
cation of those articles in the contested decision, the Com-
munity not having suffered any financial damage as a result of
the procedure followed by the Netherlands authorities.

In the further alternative, the applicant alleges breach of the
principle of proportionality because a correction was applied in
the full amount of the sum concerned, when those EAGGF
monies, as is undisputedly the case, were correctly used by the
Netherlands authorities in the sense that the Community did
not suffer any financial damage as a result of the procedure
followed by the Netherlands authorities.

Lastly, the applicant alleges breach of the obligation to state
reasons because a correction was applied in the full amount of
the sum concerned without any reasons being given and
contrary to the findings of the conciliation body, when those
EAGGF monies, as is undisputedly the case, were correctly used
by the Netherlands authorities in the sense that the Community
did not suffer any financial damage as a result of the procedure
followed by the Netherlands authorities.

(1) Commission Regulation (EC) No 2603/1999 of 9 December 1999
laying down rules for
the transition to the rural development
support provided for by Council Regulation (EC) No 1257/1999
(OJ 1999 L 316, p. 26).

(2) Council Regulation (EC) No 1257/1999 of 17 May 1999 on the
from the European Agricultural
support of
Guidance and Guarantee Fund (EAGGF) and amending and repealing
certain regulations (OJ 1999 L 160, p. 80).

rural development

(3) Council Regulation (EC) No 1258/1999 of 17 May 1999 on the
the common agricultural policy (OJ 1999 L 160,

financing of
p. 103).

(4) Council Regulation (EEC) No 729/70 of 21 April 1970 on the finan-

cing of the common agricultural policy (OJ 1970 L 94, p. 13).

Order of the Court of First Instance of 8 February 2007 —
Banca Intesa Banca Commerciale italiana v Commission

(Case T-39/02) (1)

(2007/C 82/110)

Language of the case: Italian

The President of the Fourth Chamber Extended Composition
has ordered that the case be removed from the register.

(1) OJ C 109, 4.5.2002.

Order of the Court of First Instance of 8 February 2007 —
Capitalia, formerly Banca di Roma v Commission

(Case T-40/02) (1)

(2007/C 82/111)

Language of the case: Italian

The President of the Fourth Chamber Extended Composition
has ordered that the case be removed from the register.

(1) OJ C 109, 4.5.2002.

Order of the Court of First Instance of 8 February 2007 —
Banca Sanpaolo Imi v Commission

(Case T-37/02) (1)

(2007/C 82/109)

Language of the case: Italian

The President of the Fourth Chamber Extended Composition
has ordered that the case be removed from the register.

(1) OJ C 109, 4.5.2002.

Order of the Court of First Instance of 8 February 2007 —
MCC v Commission

(Case T-41/02) (1)

(2007/C 82/112)

Language of the case: Italian

The President of the Fourth Chamber Extended Composition
has ordered that the case be removed from the register.

(1) OJ C 109, 4.5.2002.