CELEX: C1999/265/32
Language: en
Date: 1999-09-18 00:00:00
Title: Case T-154/99: Action brought on 25 June 1999 by Stadtsportverband Neuss e.V. against the Commission of the European Communities

C 265/16              EN                     Official Journal of the European Communities                                      18.9.1999
Action brought on 25 June 1999 by Stadtsportverband                     dren’s olympiad under the title ‘Internationale Schülerbegeg-
Neuss e.V. against the Commission of the European                       nung 1994’, in which a large number of children and young
                         Communities                                    persons from various European countries took part. On
                                                                        application by the applicant, the defendant on 6 June 1994
                        (Case T-154/99)                                 approved a subsidy of ECU 20 000.00 in the context of the
                                                                        Eurathlon programme, under reference number 215050/94.
                        (1999/C 265/32)
                  (Language of the case: German)                        The contested repayment decision obliged the applicant to
                                                                        reimburse the entire subsidy, since it appeared from the report
An action against the Commission of the European Communi-               of the relevant audit office of the Neuss district local authority
ties was brought before the Court of First Instance of the              that an impermissible profit had been made.
European Communities on 25 June 1999 by Stadtsportver-
band Neuss e.V., of Neuss, Germany, represented by Hein                 In its application, the applicant complains of
Günther Hüsch and Simona Schnelle, Rechtsanwälte, of
Dr Hüsch, Kinnius & Partner, Markt 21, Neuss.                           — procedural error, in that the defendant gave an opportunity
                                                                             to make observations only to the chairman of the board of
The applicant claims that the Court should:                                  the applicant who was no longer in office;
1. annul the repayment decision of the European Commission
    of 6 April 1999, account number 3240010317;                         — absence of the material conditions for claiming repayment,
                                                                             since there had been no actual surplus at all; and
2. order the defendant to pay the costs.
                                                                        — breach of the rights of the defence, since in the contested
Pleas in law and main arguments                                              repayment decision the defendant neither stated the
                                                                             amount of the impermissible profit made nor based its
The applicant, which is an association of all the sports clubs in            finding on a factual basis which could be checked by the
the municipality of Neuss, organised in 1994 a schoolchil-                   applicant.