Case T-93/07: Action brought on 22 March 2007 — Italy v Commission
Date: 2007-05-26
Institutions: Court of First Instance
Subjects: EU programme, European Commission, Italy, action for failure to fulfil an obligation, advance payment, aid system

26.5.2007

EN

Official Journal of the European Union

C 117/31

Appeal brought on 28 March 2007 by Jacques Frankin and
Others against the judgment of the Civil Service Tribunal
delivered on 16 January 2007 in Case F-3/06 Jacques
Frankin and Others v Commission

(Case T-92/07 P)

(2007/C 117/48)

Language of the case: French

Parties

Appellants:
appellants (represented by F. Frabetti, lawyer)

Jacques Frankin (Sorée, Belgium) and 482 other

Other party to the proceedings: Commission of
Communities

the European

Form of order sought by the appellant

— set aside the judgment of

the Civil Service Tribunal of
16 January 2007 in Case F-3/06 principally concerning an
action for annulment of an express decision of 10 June
2005 by which the Commission refused to grant the appel-
lants assistance under Article 24 of the Staff Regulations;

— make an order as to the costs, fees and expenses and order

the Commission to pay them.

Form of order sought

The applicant claims that the Court should:

— annul Memorandum No 175 of 11.1.2007 of the European
for Regional Policy —
Commission, Directorate General
Programmes and projects in Cyprus, Greece, Hungary, Italy,
Malta and the Netherlands — concerning payments made by
the Commission which differ from the amount requested.
Ref: Programma POR Sicilia (No CCI 1999 IT 161 PO 011);

— annul Memorandum No 234 of 12.1.2007 of the European
Commission, Directorate General
for Regional Policy —
Programmes and projects in Cyprus, Greece, Hungary, Italy,
Malta and the Netherlands — concerning payments made by
the Commission which differ from the amount requested.
Ref: Programma POR Sicilia (No CCI 1999 IT 161 PO 011);

— annul all connected and prior acts and, consequently, order
the Commission of the European Communities to pay the
costs.

Pleas in law and main arguments

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

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

Pleas in law and main arguments

Action brought on 26 March 2007 — EREF v Commission

their action,

the appellants assert

In support of
that by
the Civil Service
first
dismissing their action at
Tribunal erred in law when examining the pleas in law relied on
at first instance, alleging, first, infringement of Article 24 of the
Staff Regulations and from the duty to have regard to the welfare
of officials and, second, breach of the principle of non-discrimi-
nation.

instance,

(Case T-94/07)

(2007/C 117/50)

Language of the case: English

Parties

Applicant: European Renewable Energies Federation (EREF) ASBL
(Brussels, Belgium) (represented by: D. Fouquet, lawyer)

Action brought on 22 March 2007 — Italy v Commission

Defendant: Commission of the European Communities

(Case T-93/07)

(2007/C 117/49)

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: P. Gentili, Avvocato
dello Stato)

Form of order sought

— The decision K(2006) 4963 final of the European Commis-
is declared null and

sion, dating from 24 October 2006,
void;

— the Financial Vehicle in question in its present shape and

structure is declared unlawful state aid.

— Alternatively, the Commission is ordered to open a formal
investigation procedure pursuant to Article 88(2) EC for
Case NN 62/B/2006.

— The European Commission is ordered to pay all procedural

Defendant: Commission of the European Communities

costs, including the costs of the claimant.