CELEX: 62004TJ0065
Language: en
Date: 2007-06-27
Title: Judgment of the Court of First Instance (Fourth Chamber) of 27 June 2007. # Nuova Gela Sviluppo Soc. cons. pa v Commission of the European Communities. # ERDF - Conclusion of Community financial assistance - Action for annulment - Action for damages - Arbitration clause. # Case T-65/04.

Judgment of the Court of First Instance (Fourth Chamber) of 27 June 2007 – Nuova Gela Sviluppo v Commission
      (Case T-65/04)
      ERDF – Conclusion of Community financial assistance – Action for annulment – Action for damages – Arbitration clause
      1.                     Acts of the institutions – Statement of reasons – Obligation – Scope (Art. 253 EC) (see paras 43-50)
      2.                     Economic and social cohesion – Structural assistance – Community financing – Decision concluding financial assistance (Council
            Regulation No 4253/88, as amended by Regulation No 2082/93, Art. 25(5)) (see paras 61-74)
      Re: 
      
         PRIMARILY, ANNULMENT of the decision contained in the Commission’s letter of 16 December 2003 concerning the closure of assistance
                  ERDF 98.05.26.001, annulment of the Commission decisions reducing the assistance, withdrawing the assistance and recovering
                  the balance of the assistance, and annulment of Article 6.2 of Commission Decision SEC (1999) 1316 of 9 September 1999 on
                  guidelines for the financial closure of operational assistance (1994–1999) from the Structural Funds, and, in the alternative,
                  compensation for the loss suffered by the applicant and performance of the agreement of 13 September 1999 between the applicant
                  and the Commission.
               
            Operative part
      The Court:
      
         
                   
               
               
                  
               
               
                  Dismisses the action;
               
            
         
                   
               
               
                  
               
               
                  Orders the applicant to pay the costs.