CELEX: C1997/387/40
Language: en
Date: 1997-12-20 00:00:00
Title: Action brought on 12 May 1997 by the Region of Tuscany against the Commission of the European Communities (Case T-265/97)

20 . 12 . 97              EN                 Official Journal of the European Communities                                  C 387/21
Pleas in law and main arguments adduced in support:                     Action brought on 12 May 1997 by the Region of
                                                                        Tuscany against the Commission of the European
                                                                                                      Communities
By the contested decision, the defendant, amending
Decision C(95 ) 444/3 of 5 April 1995 concerning the                                              ( Case T-265 /97 )
grant of a contribution from the EAGGF, changed the                                                  ( 97/C 387/40 )
Leader II Operational Programme as regards Point 1.3 and
Point 6.1 , and in so doing failed to include among the
areas for action the territory of the Comunita Montana                                   (Language of the case: Italian)
Penisola Sorrentina, since 'on the basis of the provisions of
the programme, it does not appear necessary to promote                  An action against the Commission of the European
and implement further Programmi di Azione Locale ( Local                Communities was brought before the Court of Justice of
Action Programmes — " PALs "), in view of the fact that in              the European Communities on 12 May 1997 by the
the latter area socioeconomic development is more                       Region of Tuscany, represented by Vito Vacchi and Lucia
advanced and more integrated than in the other areas                    Bora , of the Florence Bar, with an address for service in
concerned '. According to the applicant, those statements               Luxembourg at the Chambers of Paolo Benocci, 50 Rue
are not only incorrect but also lack any basis whatsoever.              de Vianden, and subsequently referred, on the ground of
                                                                        manifest lack of jurisdiction of the Court of Justice, to the
                                                                        Court of First Instance by order of the Court of Justice of
In support of its claims, the applicant alleges infringement            1 October 1997 .
of Article 190 of the Treaty of Rome, breach of essential
procedural requirements, breach of the obligation of
sound administration and of the principle of the                        The applicant claims that the Court should :
protection of legitimate expectations, as well as a total
lack of any statement of reasons and manifest lack of any
proper basis.                                                           — annul Memorandum VI/040551 of the European
                                                                            Commission — Directorate General for Agriculture —
                                                                            of 21 November 1994,
It is alleged, first, that the contested decision is based on
the misconception that a PAL had already been approved                  — annul the act — never notified to the applicant region
for the area in question, in disregard of the fact that the                 — by which the European Commission withdrew the
PAL submitted by the applicant had not been granted                         Community assistance earmarked under the Integrated
financing. Furthermore, the area in question is not among                   Mediterranean Programme ( IMP ) for Project
the most developed in Campania .                                            No 88.20.IT.006.0 ( works for the supply of potable
                                                                            water in Tuscany ),
The applicant also alleges that the choice made by the
defendant is contradictory. It is considered in that regard             — annul the European Commission's memorandum of
that in the Regional Programme for implementation of the                     31 January 1997, received by the applicant on
Leader II, described above, the Campania Region, in                          7 February 1997, by which the Commission informed
applying Directive 75/268/EEC ('), initially included                        it that the assistance had been withdrawn .
Penisola Sorrentina among the so-called 'less-favoured '
areas for action on the basis of certain socio-economic
indicators and then, in the light of the same indicators,               Pleas in law and main arguments adduced in support:
decided that it was unnecessary to promote and
implement further PALs in that area .                                   The pleas in law and main arguments are those adduced
                                                                        in Case T-81 /97 Region of Tuscany v. Commission (').
The defendant confined itself to excluding the Sorrentina
Area on the ground that it was developed, without                       (') OJ C 166 , 31 . 5 . 1997, p . 21 .
however giving the slightest indication of the reasons
justifying that decision and without undertaking an
appropriate inquiry.
In the applicant's view, such an inquiry would have made
it clear that the area in question is classified, within the            Action brought on 13 October 1997 by Azienda Agricola
meaning of the abovementioned Directive 75/268/EEC, as                  Tre e Mezzo against Commission of the European
 'a mountain area and less favoured area ' and that, for that                                          Communities
precise reason, it was included in the Leader II                                                   ( Case T-269/97 )
Programme, among priority areas for action .
                                                                                                      ( 97/C 387/41 )
 (') Council Directive 75/268/EEC of 28 April 1975 on mountain
     and hill farming and farming in certain less-favoured areas ( OJ                     (Language of the case: Italian)
     L 128 , 19 . 5 . 1975 , p. 1 ).
                                                                        An action against the Commission of the European
                                                                         Communities was brought before the Court of Justice of