CELEX: C2003/304/62
Language: en
Date: 2003-12-13 00:00:00
Title: Case T-363/03: Action brought on 22 October 2003 by the region of Sicily against the Commission of the European Communities

C 304/34              EN                          Official Journal of the European Union                                          13.12.2003
Action brought on 22 October 2003 by the region of                        In support of its plea the region of Sicily argued:
Sicily against the Commission of the European Communi-
                               ties                                       A)    Infringement of Article 54(1) and Article 52(1) of Council
                                                                                Regulation (EC) No 1260/1999 (1) and incorrect appli-
                                                                                cation of Article 24 of Council Regulation (EEC) No 4253/
                        (Case T-363/03)                                         1988 of 19 December 1988 (2), inasmuch as the decision
                                                                                to cancel the contribution is supported by reference to a
                        (2003/C 304/62)                                         provision repealed with effect from 1 January 2000.
                                                                          B)    Infringement of Article 24 of Council Regulation (EEC)
                  (Language of the case: Italian)
                                                                                No 4253/88, and misuse of powers through failure to
                                                                                state reasons or inconsistency of reasons, as the wording
                                                                                of Article 24 does not make express provision for the
An action against the European Commission was brought                           cancellation of the whole of a contribution.
before the Court of First Instance of the European Communities
on 22 October 2003 by the region of Sicily, represented and               C)    Infringement of Article 24 of Council Regulation (EEC)
defended by avvocato dello Stato Antonio Cingolo.                               No 4253/88, and misuse of powers through failure to
                                                                                state reasons and to take into account crucial facts and
                                                                                information, as the reasons for the Commission’s choice
The applicant claims that the Court should:                                     to cancel rather than reduce the assistance in question do
                                                                                not appear in the contested decision, in spite of the fact
—     annul Commission Decision C (2003) 2890 final of                          that the data and information supplied by the recipient
      13 August 2003, and debit note No 3240504102 of                           give evidence of the continued usefulness of the works
      26 September 2003 issued by the Commission for the                        carried out and of the imminent completion of the entire
      recovery of the sum of EUR 7 704 723,00, and order the                    Porto Empedocle Major Project.
      Commission to pay the costs accordingly.
                                                                          D)    Infringement of Article 24(1) of Council Regulation (EEC)
                                                                                No 4253/88, and misuse of powers through failure to
                                                                                state reasons and to carry out suitable preliminary
Pleas and main arguments                                                        investigations, since the Commission did not state clearly
                                                                                the reasons for which it considered the Region of Sicily’s
                                                                                observations insufficient.
The Region of Sicily brought an action before the Court of
First Instance against Commission Decision C (2003) 2890                  E)    Infringement of Article 24(3) of Council Regulation
final of 13 August 2003 concerning cancellation of the                          (EEC) No 4253/88, since the debit note issued by the
contribution from the European Regional Development Fund                        Commission does not relate to sums received unduly and
(ERDF) granted to an infrastructure investment, the Porto                       to be recovered, as required in the above-mentioned
Empedocle Major Project, under the Community support                            provision.
framework for structural assistance in the Objective 1 regions
of Italy, Region of Sicily, for the period 1989/93, and also              (1) Council Regulation (EC) No 1260/1999 of 21 June 1999 laying
brought an action against debit note No 3240504102 of                         down general provisions on the Structural Funds (OJ 1999 L 161,
26 September 2003 issued by the Commission for the recovery                   p. 1).
of the sum of EUR 7 704 723,00.                                           (2) 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
The infrastructure was cofinanced by the ERDF of the European                 Structural Funds between themselves and with the operations of
Union under Commission Decision C (90) 2363 025 of                            the European Investment Bank and the other existing financial
14 December 1990.                                                             instruments (OJ 1988 L 374, p. 1).