CELEX: C2007/042/43
Language: en
Date: 2007-02-24 00:00:00
Title: Case T-371/06: Action brought on 4 December 2006 — Germany v Commission

24.2.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 42/24
            
         Action brought on 4 December 2006 — Germany v Commission
   (Case T-371/06)
   (2007/C 42/43)
   Language of the case: German
   Parties
   
      Applicant: Federal Republic of Germany (represented by: M. Lumma, C. Schulze-Bahr, C. von Donat (lawyer))
   
      Defendant: Commission of the European Communities
   Form of order sought
   
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               Annul Commission Decision C(2006) 4193 final of 25 September 2006 on the reduction of the financial contribution of the ERDF under Objective 2 of the programme for North Rhine-Westphalia (ERFD No 97.02.13.005) awarded by Commission Decision No C(97) 1120 of 7 May 1997;
            
         
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               order the Commission to pay the costs.
            
         Pleas in law and main arguments
   By the contested decision, the Commission reduced the contribution of the European Regional Development Fund (ERDF) under Objective 2 of the programme for Nordrhein-Westfalen.
   In support of its claim, the applicant alleges breach of Article 24(2) of Regulation No 4253/88 (1), on the ground that the conditions for a reduction were not fulfilled. In this connection, it submits, in particular, that the deviations from the indicative financing plan do not amount to a significant alteration of the programme.
   Even if the programme were significantly altered, the applicant submits that the Commission gave its prior consent pursuant to its ‘Guidelines for the financial closure of operational measures (1994-1999) under the Structural Funds’ (SEK (1999) 1316).
   Assuming that the conditions for a reduction are met, the applicant submits that the defendant did not use its discretion in relation to the specific programme. According to the applicant, a reduction would not amount to a misuse of powers only if it appeared to be justified, as a whole, in the light of implementation of the programme and attainment of the objective. According to the applicant, as the defendant did not use this discretion, it also failed to provide justification.
   Finally, the contested decision infringes the principle of sound administration, in that the applicant was forced by that decision to bring a new action against a decision pending before the courts at the time of bringing that action.
   
      (1)  Council Regulation (EEC) No 4253/88 of 19 December 1988, laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (OJ 1988 L 374, p. 1).