Case T-494/07: Action brought on 28 December 2007 — Italy v Commission
Date: 2007-12-28
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

8.3.2008

EN

Official Journal of the European Union

C 64/47

Appeal brought on 28 December 2007 by Carlos Sanchez
Ferriz and Others against the judgment of the Civil Service
Tribunal delivered on 17 October 2007 in Case F-115/06,
Sanchez Ferriz and Others v Commission

the stage of the reply. They submit that that complaint had
already been mentioned in the claim and in the application, and
that the reply merely contains its amplification.

(Case T-492/07 P)

(2008/C 64/77)

Language of the case: French

Finally, the appellants submit that, contrary to the findings of
the Civil Service Tribunal,
they are affected in a concrete
manner and individually by the breach of the first paragraph of
Article 6 and of Article 10 (2) of Annex XIII to the Staff Regula-
tions and that accordingly their interest in bringing proceedings
is clear.

Parties

Isabele
Appellants: Carlos Sanchez Ferriz (Brussels, Belgium),
Chantraine (Brussels),
José De Viana Costa Ribeiro (Meise,
Belgium), Brigitte Housiaux (Ramillies, Belgium), Chantal Velle-
mans
(Brussels), Sylvie Schaack (Remich, Grand Duchy of
Luxembourg), Andrea Losito (Sandweiler, Grand Duchy of
(Luxembourg, Grand
Luxembourg), Marie-Josée Gaspar-Lis
Duchy of Luxembourg), Otálka Ferreira-Nielsen (Gostingen,
Grand Duchy of Luxembourg)
(represented by F. Frabetti,
lawyer)

Other party to the proceedings: Commission of
Communities

the European

Action brought on 28 December 2007 — Italy v
Commission

(Case T-494/07)

(2008/C 64/78)

Language of the case: Italian

Form of order sought by the appellant

Parties

— Annul the order of the Civil Service Tribunal of 17 October

2007 in Case F-115/06;

— Grant the claims of the applicants at first instance and,
accordingly, declare the action in Case F-115/06 admissible
and well-founded;

— In the alternative, refer the matter back to the Civil Service

Tribunal;

— Rule on the costs and order the Commission to pay the

costs.

Pleas in law and main arguments

In their appeal, the appellants seek the annulment of the order
the Civil Service Tribunal rejecting as inadmissible their
of
action for, principally, annulment of
the list of officials
promoted in the 2005 promotion year, in that that list does not
include the names of the appellants, and, as a subsidiary plea,
annulment of the decisions attributing priority points to them
for that year.

In support of their appeal, the appellants submit that, contrary
to the findings in the contested order, the general implementing
provisions of 26 April 2002, whose unlawfulness was raised at
first
instance, are directly connected in law to the present
dispute.

the Tribunal erred in law in
Furthermore,
they claim that
declaring the complaint alleging breach of
the GIP 45 of
23 December 2004 inadmissible because it was raised late at

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

Defendant: Commission of the European Communities

Form of order sought

— annul Memorandum No 011140 of 18 October 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: DOCUP Toscana Ob. 2 (No CCI
2000 IT 16 2DO 001);

— annul Memorandum No 011538 of 29 October 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 Operativo Regionale
‘Campania’ 2000-2006 (No CCI 1999 IT 16 1PO 007);

— annul Memorandum No 011869 of 8 November 2007 of
the European Commission, Directorate General for Regional
Policy — Programmes and projects in Cyprus, Greece,
Italy, Malta and the Netherlands — concerning
Hungary,
payments made by the Commission which differ from the
amount
requested. Ref: DOCUP Piemonte 2000-2006
(No CCI 2000 IT 16 2DO 007);

C 64/48

EN

Official Journal of the European Union

8.3.2008

— annul Memorandum No 011871 of 8 November 2007 of
the European Commission, Directorate General for Regional
Policy — Programmes and projects in Cyprus, Greece,
Italy, Malta and the Netherlands — concerning
Hungary,
payments made by the Commission which differ from the
amount requested. Ref: DOCUP Ob 2 ‘Lazio’ 2000-2006
(No CCI 2000 IT 16 2DO 009);

— annul Memorandum No 012137 of 15 November 2007 of
the European Commission, Directorate General for Regional
Policy — Programmes and projects in Cyprus, Greece,
Italy, Malta and the Netherlands — concerning
Hungary,
certification and declaration of intermediate expenses and
request for payment. Ref: DOCUP Veneto Ob 2 2000-2006
(No CCI 2000 IT 16 2DO 005);

— annul Memorandum No 012139 of 15 November 2007 of
the European Commission, Directorate General for Regional
Policy — Programmes and projects in Cyprus, Greece,
Italy, Malta and the Netherlands — concerning
Hungary,
payments made by the Commission which differ from the
amount
requested. Ref: Programma Operativo Regionale
‘Campania’ 2000-2006 (No CCI 1999 IT 16 1PO 007);

— annul Memorandum No 012212 of 16 November 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: PON Sviluppo Imprenditoriale
Locale 2000-2006 (No CCI 1999 IT 16 1PO 002);

— annul Memorandum No 012567 of 26 November 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 Operativo Regionale
‘Sardegna’ 2000-2006 (No CCI 1999 IT 16 1PO 010); and

Action brought on 20 December 2007 — Productos
Asfálticos (Proas) v Commission

(Case T-495/07)

(2008/C 64/79)

Language of the case: Spanish

Parties

Applicant: Productos Asfálticos
(Proas), SA (Madrid, Spain)
(represented by: C Fernandez Vicién, P Carmona Botana and A.
Pereda Miquel, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— Annul the Commission Decision [C(2007) 4441],or alterna-
tively, reduce the fine imposed on Productos Asfálticos SA,
and

— Order the Commission to pay all the costs of these proceed-

ings.

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

Pleas in law and main arguments

Pleas in law and main arguments

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

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

The action is directed against Commission Decision C(2007)
4441 final of 3 October 2007in the Case COMP/38710 —
Bitumen Spain.
the Commission
In the contested decision,
declared that the applicant, together with other companies, had
infringed Article 81 EC by having taken part, over a certain
period, in a set of agreements and concerted practices in the
market for penetration bitumen, namely agreements for sharing
the market and coordinating prices. In respect of those infringe-
ments the Commission imposed a fine for which the applicant
and another company are jointly and severally liable.

its claims, the applicant first alleges that the
In support of
Commission erred in the assessment of
In that
context, the applicant considers that the Commission incorrectly
assessed the seriousness of the infringement and the position of
the applicant
in the cartel, with particular reference to its
specific weight in the market and the assessment that it was co-
leader of the cartel.

the facts.