CELEX: C1997/026/16
Language: en
Date: 1997-01-25 00:00:00
Title: Action brought on 15 November 1996 by Partex, Companhia Portuguesa de Serviços, SA, against the Commission of the European Communities (Case T-182/96)

25 . 1 . 97          I EN I                Official Journal of the European Communities                                         No C 26/9
Action brought on 15 November 1996 by Partex,                                certain expenditure submitted by the applicant does
Companhia Portuguesa de Servifos, SA, against the                            not fulfil the conditions laid down in the approval
           Commission of the European Communities                            decision, without such factual and legal 'reasons ' ever
                        ( Case T-l 82/96 )
                                                                             being identified, specified or explained. The contested
                                                                             decision does not therefore provide a full and
                           ( 97/C 26/ 16 )                                   adequate statement of reasons and does not fulfil the
                                                                             requirement imposed by Article 190 of the Treaty,
               (Language of the case: Portuguese)
                                                                      — Infringement of the legislation on the European Social
                                                                             Fund: The applicant claims that, in the present case,
An action against the Commission of the European                             the training operations were carried out between
Communities was brought before the Court of First                            1 January 1988 and 21 December 1988 and that the
Instance of the European Communities on 15 November                          relevant final payment claim, after having been duly
1996 by Partex, Companhia Portuguesa de Servi^os, SA,                        certified by the Portuguese State, was sent to the
whose registered office is at Av. 5 de Outubro 160,                          Commission on 30 October 1989, and the Portuguese
represented by Rui Chancerelle de Machete, Pedro                             State,   before     certification,       did not inform  the
Machete and Miguel Pena Machete, of the Lisbon Bar,                          Commission that any investigations had been
with an address for service in Luxembourg at the                             undertaken because of supposed irregularities found in
Chambers of Louis Schiltz, 2 rue du Fort Rheinsheim, L­                      the management of the training operations. According
2419 Luxembourg.                                                             to the applicable Community legislation Council
                                                                             Regulation (EEC) No 2950/83 of 17 October 1983 on
                                                                             the implementation of Decision 83/516/EEC on the
The applicant claims that the Court should:                                  tasks of the European Social Fund 0 ) and Commission
                                                                             Decision 83/673/EEC of 22 December 1983 on the
                                                                             management of the European Social Fund ( 2) after a
— annul Commission Decision C(96 ) 1184 of 14 August                         final payment claim has been certified and forwarded
     1996 approving the final payment claim relating to                      to the Commission, the Member State no longer has a
     ESF File 880412 P3 , inasmuch as it refuses to pay the                  power of initiative or competence with regard to that
     balance of the assistance applied for amounting to                      claim; from that point on, the Commission alone may
     Esc 146 321 461 and imposes a reduction of that                         put in motion on its own initiative any further checks.
     amount to Esc 49 792 986 and the consequent                             Since there was no notification by the Commission to
     repayment to the Commission of Esc 14 730 539,                          the Member State in due time, it can only be
                                                                             concluded that the decision of the Portuguese State to
                                                                             re-examine file 880412 P3 , to which the contested
                                                                             decision refers, was unlawful. In accepting that
— order the Commission to pay the costs.                                     unlawful procedure by the Portuguese State, the
                                                                             defendant institution infringed the legislation on the
                                                                             European Social Fund, and that illegality also vitiates
Pleas in law and main arguments adduced in support:                          the contested decision,
The      contested  decision     concerns  the  final  decision
                                                                      — Abuse of rights and breach of the rights of the
approving the final payment claim relating to the                            defence, of the principles of good faith, of the
application for financial assistance from the European                       protection of legitimate expectations and of acquired
Social Fund file 880412 P3 , granted to the applicant. By                    rights, inasmuch as the Community decision was taken
its decision the Commission decided to reduce the amount
                                                                             nearly seven years after certification and forwarding of
approved by Commission Decision C(88 ) 0831 of 29 April                      the final payment claim,
1988 on the granting to the applicant of assistance
amounting to Esc 146 321 461 for the financing in
Portugal of vocational training operations.
                                                                      — Misuse of powers: Contrary to the ground to which
                                                                             the defendant institution refers, it was not the
The applicant maintains that the contested act is unlawful                    application of 'reckonable-cost criteria ' which was the
and should be annulled on the following grounds :                             reason for implementing the contested act, but the
                                                                              unlawful attempt to regularize a posteriori the
                                                                              unlawful procedure of the Portuguese State, which
                                                                              constitutes misuse of powers .
— Breach of the obligation to state reasons: The
     statement of reasons provided in the text of the
     contested decision essentially states that the                   ( x ) Council Regulation ( EEC ) No 2950/83 of 17 October 1983
     Commission does not accept part of the expenditure                     ( OJ No L 289 , 22 . 10 . 1983 , p . 1 ).
     submitted 'on the grounds set out in letter No 4085 of           (2 ) OJ No L 377 , 31 . 12 . 1983 , p. 1 .
     30 March 1995 and annexes thereto sent by the
     Member State' (a letter of which the applicant has no
     knowledge ) and that the Commission considers that