CELEX: C1996/210/48
Language: en
Date: 1996-07-20 00:00:00
Title: Action brought on 15 May 1996 by Mediocurso, Estabelecimento de Ensino Particular, Limitada, against the Commission of the European Communities (Case T-70/96)

No C 210/20         EN                   Official Journal of the European Communities                                    20 . 7 . 96
Action brought on 15 May 1996 by Mediocurso,                        — breach of essential procedural requirements of
Estabelecimento de Ensino Particular, Limitada, against the             Article 6 ( 1 ) of Regulation ( EEC ) No"2950/83 inasmuch
        Commission of the European Communities                          as the Portuguese State was not given an opportunity to
                       ( Case T-70/96 )                                 comment ,
                         ( 96/C 210/48 )
                                                                    — assuming, as a working hypothesis, that the statement of
                                                                        reasons of the contested act consists of the letters from
            (Language of tbe case: Portuguese)                          Dafse which contain the financial report, audits, breach
                                                                        of the obligation to state reasons, of the principle of
An action against the Commission of the European                        respect for acquired rights, of the principle of the
Communities was brought before the Court of First                       protection of legitimate expectations , of the principle
Instance of the European Communities on 15 May 1996                     of proportionality, of the rules applicable to the
by Mediocurso, Estabelecimento de Ensino Particular,                    management of the European Social Fund and of the
Limitada, whose registered office is in Lisbon , represented            earlier act approving the contribution in question .
by Carlos Botelho Moniz and Paulo Moura Pinheiro, of the
Lisbon Bar, with an address for service in Luxembourg
at the Chambers of Aloyse May, 31 Grand-rue ,
Luxembourg.
The applicant claims that the Court should :
                                                                    Action brought on 15 May 1996 by Mediocurso,
                                                                    Estabelecimento de Ensino Particular, Limitada, against the
— annul the act of the Commission of the European
                                                                            Commission of the European Communities
    Communities, bearing no date and headed 'Debit Note ',
    reference No 95005690 E, ordering the applicant to                                       ( Case T-72/96 )
    repay Esc 1 482 209 in the context of a training                                           ( 96/C 210/49 )
    operation financed by the European Social Fund, file
    No 890583 PI ,
                                                                                 (Language of the case: Portuguese)
— order the defendant to pay all the costs of the
    proceedings .                                                   An action against the Commission of the European
                                                                    Communities was brought before the Court of First
Pleas in law and main arguments                                     Instance of the European Communities on 15 May 1 996
                                                                    by Mediocurso , Estabelecimento de Ensino Particular,
The applicant, a commercial company which in 1988                   Limitada , whose registered office is in Lisbon, represented
                                                                    by Carlos Botelho Moniz and Paulo Moura Pinheiro, of the
submitted to the European Social Fund ( ESF ), through
Dafse, various requests for contributions to training               Lisbon Bar, with an address for service in Luxembourg
                                                                    at the Chambers of Aloyse May, 31 Grand-rue ,
operations which it intended to carry out during 1989 , is
seeking the annulment of the act of the Commission of the           Luxembourg.
European Communities, bearing no date and headed 'Debit
Note', reference No 95005690 E, ordering the applicant to           The applicant claims that the Court should :
repay Esc 1 482 209 in the context of a training operation
financed by the European Social Fund, file No 890583 PI on
                                                                    — annul the act of the Commission of the European
the following grounds :                                                 Communities, bearing no date and headed 'Debit Note ',
                                                                        reference No 95005645 F, ordering the applicant to
— lack of competence, inasmuch as the author of the act                 repay Esc 1 271 245 in the context of a training
    has no power to make a decision in the name of the                  operation financed by the European Social Fund , File
    Commission as regards payment claims for the balance                No 890588 PI ,
    submitted by bodies entitled to ESF contributions,
                                                                    — order the defendant to pay all the costs of the
— infringement of Article 190 of the EC Treaty inasmuch                 proceedings .
    as it completely lacks a statement of reasons,
— breach of the principle of giving the interested parties an       Pleas in law and main arguments
    opportunity to be heard beforehand , inasmuch as it was
    adopted without having given the applicant the                  The applicant, a commercial company which in 1988
    opportunity to comment on its content,                          submitted to the European Social Fund ( ESF ), through
                                                                    Dafse , various requests for contributions to training
— breach of the principle of the protection of legitimate           operations which it intended to carry out during 1989 , is
    expectations, inasmuch as, although the claim for               seeking the annulment of the act of the Commission of the
    payment of the balance relating to the file in question         European Communities, bearing no date and headed 'Debit
    was submitted in time , the Commission did not adopt            Note ', reference No 95005645 F, ordering the applicant to
    within a reasonable period a decision thereon ,                 repay Esc 1 271 245 in the context of a training operation