CELEX: 62004TJ0314
Language: en
Date: 2006-12-14
Title: Judgment of the Court of First Instance (Third Chamber) of 14 December 2006. # Federal Republic of Germany v Commission of the European Communities. # European Regional Development Fund - Reduction of financial assistance - Action for annulment - Act against which proceedings can be brought - Preparatory act - Inadmissibility. # Joined cases T-314/04 and T-414/04.

Judgment of the Court of First Instance (Third Chamber) of 14 December 2006 – Germany v Commission
      (Joined Cases T-314/04 and T-414/04)
      (European Regional Development Fund – Reduction of financial assistance – Action for annulment – Act against which proceedings can be brought – Preparatory act – Inadmissibility)
      Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects (Art. 230 EC; Council Regulation No 4253/88, Art. 24) (see paras 38-43)
      Re:
      
         ACTIONS for annulment of the decisions contained in two letters of the Directorate‑General for Regional Policy of the Commission
                  of 17 May and 9 August 2004 sent to the applicant concerning reduction of the assistance from the European Regional Development
                  Fund granted for the Objective 2 Programme 1997-1999 North Rhine-Westphalia and the Operational Programme Resider II North
                  Rhine‑Westphalia 1994-1999, and the refusal in consequence to pay the applicant the balances of EUR 5 488 569.24 and EUR 2 268 988.33
                  respectively.
               
            Operative part 
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the actions as inadmissible;
               
            
         
                   
               
               
                  
               
               
                  Orders the Commission to bear its own costs and half of those incurred by the applicant. The applicant is to bear half of
                     its own costs.