Case T-13/08: Action brought on 4 January 2008 — Kinotita Grammatikou v Commission
Date: 2008-01-04
Institutions: Court of First Instance
Subjects: Attica, Cohesion Fund, European Commission, action for annulment (EU), eligibility criteria, protected area, waste management

29.3.2008

EN

Official Journal of the European Union

C 79/29

Pleas in law and main arguments

and the environment in the area where the project that is being
financed is located.

together with default

By this action, the applicant requests that the defendant be
ordered to repay the balance of the advance disbursed to it by
the Community,
following its
failure to perform the part of the cost reimbursement contract
EP No 26970 concluded with the consortium of which it was a
member, concerning the project ‘Neutral Archiving of EDA Data
(ARCHIVE)’, implemented within the framework of the Fourth
European Strategic Programme for Research and Development
in Information Technologies (ESPRIT) (1994-1998).

interest,

The applicant submits that the contested decision, the content
of which it maintains came to its notice on 9 November 2007,
infringes a number of provisions of primary Community law
for the protection of health and the environment as well as
provisions of secondary Community law giving concrete expres-
sion to the primary law.

the financing of

the applicant claims that

Specifically,
the
project contravenes the aims of maintaining, protecting and
improving the quality of the environment, of protecting public
health and of using natural resources in a wise and rational
manner.
in the applicant's view the contested
Commission decision infringes first and foremost Articles 3, 4
and 6 of Directive 75/442 (1) and Articles 3 and 4 of Directive
91/156 (2), which lay down specific obligations in the areas of
prevention or reduction of waste production and its harmful-
ness.

In addition,

Lastly, according to the applicant, it is clear that the creation of
a waste management and disposal facility within a protected
area cannot
in any circumstances be regarded as a project
eligible for financing by a financial instrument such as the Cohe-
sion Fund, which by definition should finance only works
complying with the requirements of protection of the environ-
ment.

(1) Council Directive 75/442/EEC of 15 July 1975 on waste (OJ 1975

L 194, p. 39).

(2) Council Directive 91/156/EEC of 18 March 1991 amending Direc-

tive 75/442/EEC on waste (OJ 1991 L 78, p. 32).

Action brought on 18 January 2008 — Liga para a
Protecção da Natureza v Commission of the European
Communities

(Case T-29/08)

(2008/C 79/58)

Language of the case: Portuguese

Action brought on

4

January

2008 — Kinotita

Grammatikou v Commission

(Case T-13/08)

(2008/C 79/57)

Language of the case: Greek

Parties

Applicant: Kinotita Grammatikou (Community of Grammatiko)
(Athens, Greece) (represented by: A. Papakonstantinou and M.
Khaïntarlis, lawyers)

Defendant: Commission of the European Communities

Form of order sought

— annul Commission Decision C(2004) 5509 of 21 December
2004 relating to the grant of assistance from the Cohesion
Fund for the project ‘Construction of a Landfill Site at the
Integrated Waste Management Facility of North-East Attica
at the location “Mavro Vouno Grammatikou”, in the Hellenic
Republic’;

— in the event of doubt, order an on-the-spot inspection in the
technical opinions to

project area and seek independent
corroborate the applicant's submissions;

— order the Commission to pay the applicant's costs.

Pleas in law and main arguments

Parties

As regards its locus standi to bring the action for annulment on
the basis of Article 230 EC, the applicant considers that the
contested decision, which seeks the creation of a landfill site on
an area which is within the boundaries of the Community of
Grammatiko, is of direct and individual concern to it because it
is a public body responsible for the protection of public health

Applicant: Liga para a Protecção da Natureza (LPN)
Portugal) (represented by: P. Vinagre e Silva, lawyer)

(Lisbon,

Defendant: Commission of the European Communities