CELEX: C2003/124/49
Language: en
Date: 2003-05-24 00:00:00
Title: Case T-111/03: Action brought on 27 March 2003 by T against Commission of the European Communities

C 124/28               EN                          Official Journal of the European Union                                            24.5.2003
Action brought on 20 March 2003 by Regione Marche                          undertakings in the region, there is nothing in the relevant
    against Commission of the European Communities                         provisions to indicate the existence of an obligation incumbent
                                                                           on the Marche Regional authority requiring Marche Capital to
                                                                           expend all the resources granted to it before the IPM Marche
                         (Case T-107/03)                                   expired.
                        (2003/C 124/48)                                    The applicant also maintains that the contested decision
                                                                           infringes the principles of legal certainty and sound adminis-
                                                                           tration. By approving the agreement concluded between
                   (Language of the case: Italian)
                                                                           Società Marche Capital and the Marche Region, the Com-
                                                                           mission gave rise to a legitimate expectation on the part of the
                                                                           Marche Region that it could make use of the whole of the
                                                                           contribution granted to it, provided the methods of financing
                                                                           were in conformity with the agreement itself, which was in
An action against the Commission of the European Communi-
                                                                           fact the case. According to the applicant, the Commission also
ties was brought before the Court of First Instance of the
                                                                           infringed the principle of sound administration in that, first, it
European Communities on 20 March 2003 by Regione
                                                                           adopted the decision definitively bringing to an end the IPM
Marche, represented by Aurelio Pappalardo and Massimo
                                                                           Marche nearly 8 years after it had expired and, secondly, it was
Merola, lawyers.
                                                                           largely inactive throughout that period.
The applicant claims that the Court should:                                Finally, the aplicant takes the view that the Commission
                                                                           infringed Article 253 EC.
—     annul the decision of the Commission adopted by letter
      of 18 December 2002 and every other measure connected
      with it and consequent upon it;                                      (1 ) Bollettino Ufficiale (official journal) for the Regione Marche
                                                                                (supplement No 10 of 28 July 1988).
                                                                           (2 ) OJ 1985 L 197, p. 1.
—     order the Commission to pay the costs incurred by
      Regione Marche for the purpose of the proceedings,
      including legal fees.
Pleas in law and main arguments
                                                                           Action brought on 27 March 2003 by T against Com-
The present application seeks the annulment of the decision                             mission of the European Communities
of 18 December 2002 by which the European Commission
announced that it was definitively concluding the Integrated
Mediterranean Programme (IMP) for the Marche Region ( 1),                                             (Case T-111/03)
approved by way of Council Regulation (EEC) No 2088/85 (2)
of 23 July 1985 concerning the integrated Mediterranean
                                                                                                      (2003/C 124/49)
programmes on the basis of information provided by the
applicant by memorandum of 6 September 2002.
                                                                                               (Language of the case: French)
According to the contested decision, investments in the
beneficiary undertakings did not adhere to the prescribed
timetable so far as concerns phase 3 of the programme in
question.                                                                  An action against the Commission of the European Communi-
                                                                           ties was brought before the Court of First Instance of the
                                                                           European Communities on 27 March 2003 by T, residing in
                                                                           Brussels, represented by Georges Vandersanden, lawyer.
The applicant argues that there is no legal basis for the
contested measure inasmuch as the Commission bases its own
decision on the failure of the Marche Region to observe
obligations which were not imposed by the applicable legis-                The applicant claims that the Court should:
lation. Irrespective of the fact that the Commission accused
the applicant of not using fully, by the end of the IPM, the               —      annul the decision of the appointing authority of
contribution granted to Società Marche Capital, a body set up                     14 August 2002 not to promote the applicant in the
to promote the development of small and medium-sized                              2002 promotions procedure to Grade A 4,
 ---pagebreak--- 24.5.2003              EN                        Official Journal of the European Union                                     C 124/29
—     order the Commission of the European Communities to                        Removal from the register of Case T-77/00 ( 1)
      pay damages to make good the material and non-material
      damage suffered as a result of the decision of 14 August                                    (2003/C 124/50)
      2002 and of the conduct preceding and following
      that decision, such damages having been assessed at                                   (Language of the case: English)
      EUR 25 000;
                                                                         By order of 7 March 2003 the President of the Fifth Chamber
—     order the defendant to pay the costs.                              of the Court of First Instance of the European Communities
                                                                         ordered the removal from the register of Case T-77/00:
                                                                         Esat Telecommunications v Commission of the European
                                                                         Communities.
Pleas in law and main arguments                                          (1 ) OJ C 149 of 27.05.2000.
The applicant is challenging the refusal of the appointing
authority to promote him to Grade A 4 in 2002.
                                                                                 Removal from the register of Case T-208/02 (1)
                                                                                                  (2003/C 124/51)
In support of his claims, the applicant alleges:
                                                                                             (Language of the case: Dutch)
—     breach of the duty to provide reasons;
                                                                         By order of 13 March 2003 the President of the Fourth
—     infringement of Article 45 of the Staff Regulations                Chamber of the Court of First Instance of the European
      inasmuch as his staff report was better than that of               Communities ordered the removal from the register of Case
      another person in his department who was promoted;                 T-208/02: Lene Beier v Europol.
—     breach of the duty to have regard for the welfare of               (1 ) OJ C 202 of 24.08.2002.
      officials and of the principle of sound administration;
—     the existence in the present case of a manifest error of
      assessment, abuse of process and/or misuse of powers, as                   Removal from the register of Case T-245/02 (1)
      well as breach of the principle of equal treatment and
      infringement of Article 26 of the Staff Regulations. In                                     (2003/C 124/52)
      that regard, the applicant is of the view that, contrary to
      the principle of equal treatment, he was ranked behind                                 (Language of the case: Dutch)
      an official whose staff report had not been as good as his
      over several years. The explanation provided by his
      immediate superior amounts to misuse of powers and/or              By order of 12 March 2003 the President of the Fourth
      abuse o process, as well as an infringement of Article 26          Chamber of the Court of First Instance of the European
      of the Staff Regulations.                                          Communities ordered the removal from the register of
                                                                         Case T-245/02: Antonia de Jong v Europol.
                                                                         (1 ) OJ C 261 of 26.10.2002.