Case T-504/25: Action brought on 25 July 2025 – Italy v Commission
Date: 2025-07-25
Institutions: General Court
Subjects: European Regional Development Fund, Italy, award of contract, eligibility criteria, invitation to tender, operational programme, principle of proportionality, public procurement, regional development, tendering








C_202505466EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/5466


20.10.2025






Action brought on 25 July 2025 – Italy v Commission


(Case T-504/25)

(C/2025/5466)
Language of the case: Italian

Parties


Applicant: Italian Republic (represented by: S. Fiorentino, Agent, M. Cherubini, avvocato dello Stato and V. Pilloni, procuratore dello Stato)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


Annul Commission Implementing Decision C (2025) 3239 final of 16 May 2025 on the withdrawal of part of the contribution from the European Regional Development Fund to the national operational programme ‘Governance and technical assistance’ for the programming period 2007-2013, in the context of the Convergence objective in Italy.





Pleas in law and main arguments

The applicant puts forward five pleas in law in support of its action.






1.


First plea in law, alleging infringement of the ‘essential procedural requirements’ of the procedure and, in particular, the fact that the decision was issued outside the six-month time limit laid down in Article 100(5) of Regulation (EC) No 1083/2006 (1) or, in the alternative, Article 145(6) of Regulation (EU) No 1303/2013. (2)











2.


Second plea in law, alleging that the decision was issued, in any event, beyond the 10-month period laid down in Article 104(4) of Regulation (EU) 2021/1060, (3) that period having to run from the ‘technical meeting’ between the European Commission and the competent national authorities, which was held on 23 November 2021, consisting of a genuine ‘hearing’.










3.


Third plea in law, alleging the principle of ‘good administration’ under Article 41(1) of the Charter of Fundamental Rights of the European Union, due to the failure to respect the ‘reasonable time’ to initiate the procedure, which results from the actual significance of the alleged ‘irregularities’, which in turn affects the rights of the defence and the final decision, due to the possible applicability of the longer 10-month period provided for in Article 104(4) of Regulation (EU) 2021/1060 and the impossibility of relying on so-called ‘overbooking’.










4.


Fourth plea in law, alleging misinterpretation and misapplication of Article 31(4)(a) of Directive 2004/18/EC, (4) including in the light of the principle of ‘legitimate expectations’, in so far as, in reality, there are ‘unforeseen circumstances’, at least for the contracting entities, also and especially because of the amendment made to Article 93(1) of Regulation (EC) No 1083/2006 by Article 2 of Regulation (EU) No 539/2010. (5)











5.


Fifth plea in law, alleging quantification of the financial correction to be applied, allegedly contrary to the principle of proportionality enshrined in Article 99(3) of Regulation (EC) No 1083/2006, by failing to take into account the ‘ancillary’ nature of the contested contracts in relation to other ‘main’ contracts concluded following regular public tendering procedures, with publication of a contract notice, and the reliance placed by the national authorities of the actual occurrence of the ‘unforeseen circumstances’ referred to in Article 31(4)(a) of Directive 2004/18/EC.






(1)  Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999. OJ 2006 L 210, p. 25.

(2)  Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006. OJ 2013 L 347, p. 320.

(3)  Regulation (EU) 2021/1060 of the European Parliament and of the Council of 24 June 2021 laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, the Just Transition Fund and the European Maritime, Fisheries and Aquaculture Fund and financial rules for those and for the Asylum, Migration and Integration Fund, the Internal Security Fund and the Instrument for Financial Support for Border Management and Visa Policy. OJ 2021, L 231, p. 159.

(4)  Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts. OJ 2004 L 134, p. 114.

(5)  Regulation (EU) No 539/2010 of the European Parliament and of the Council of 16 June 2010 amending Council Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund as regards simplification of certain requirements and as regards certain provisions relating to financial management. OJ 2010 L 158, p. 1.


ELI: http://data.europa.eu/eli/C/2025/5466/oj
ISSN 1977-091X (electronic edition)