CELEX: C2006/060/03
Language: en
Date: 2006-03-11 00:00:00
Title: Judgment of the Court (Third Chamber) of  19 January 2006  in Case C-240/03 P: Comunità montana della Valnerina v Commission of the European Communities (Appeal — EAGGF — Withdrawal of financial aid — Article 24 of Regulation (EEC) No 4253/88 — Principle of proportionality — Statement of reasons — Rights of the defence — Cross-appeal — Designation of two persons to be responsible for the execution of a project — Claim on only one of them for repayment of all the aid — Discretionary power of the Commission — Objective limits of the proceedings before the Court of First Instance)

11.3.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 60/2
            
         
      JUDGMENT OF THE COURT
   
   (Third Chamber)
   of 19 January 2006
   in Case C-240/03 P: Comunità montana della Valnerina v Commission of the European Communities (1)
   
   (Appeal - EAGGF - Withdrawal of financial aid - Article 24 of Regulation (EEC) No 4253/88 - Principle of proportionality - Statement of reasons - Rights of the defence - Cross-appeal - Designation of two persons to be responsible for the execution of a project - Claim on only one of them for repayment of all the aid - Discretionary power of the Commission - Objective limits of the proceedings before the Court of First Instance)
   (2006/C 60/03)
   Language of the case: Italian
   In Case C-240/03 P: APPEAL under Article 56 of the Statute of the Court of Justice brought on 28 May 2003, by Comunità montana della Valnerina, (Avvocati: P. De Caterini, E. Cappelli and A. Bandini), the other parties to the proceedings being: Commission of the European Communities (Agents: C. Cattabriga and L. Visaggio, assisted by Avvocato A. Dal Ferro), and Italian Republic (Agent: I.M. Braguglia, assisted by Avvocato G. Aiello), the Court (Third Chamber), composed of A. Rosas, President of the Chamber, J. Malenovský, S. von Bahr, A. Borg Barthet and A. Ó Caoimh (Rapporteur), Judges; J. Kokott, Advocate General; R. Grass, Registrar, gave a judgment on 19 January 2006, in which it ruled:
   
               1.
            
            
               The appeal and cross-appeal are dismissed;
            
         
               2.
            
            
               The Comunità Montana della Valnerina shall pay the costs of the appeal;
            
         
               3.
            
            
               The Commission of the European Communities shall pay the costs of the cross-appeal.
            
         
      (1)  OJ C 200 of 23.08.2003.