CELEX: C2007/269/96
Language: en
Date: 2007-11-10 00:00:00
Title: Case T-332/07: Action brought on 4 September 2007 — Germany v Commission

10.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/53
            
         Action brought on 4 September 2007 — Germany v Commission
   (Case T-332/07)
   (2007/C 269/96)
   Language of the case: German
   Parties
   
      Applicant: Federal Republic of Germany (represented by: M. Lumma, Agent, and C. von Donat, lawyer)
   
      Defendant: Commission of the European Communities
   Form of order sought
   
               —
            
            
               Annul Commission Decision C(2007) 2619 final of 25 July 2007 reducing the European Regional Development Fund assistance granted by Decision C/1994/3379 for the single programming document for Community structural assistance in the Objective 2 regions of the Land North Rhine-Westphalia in the Federal Republic of Germany (EFRE No 94.02.13.012);
            
         
               —
            
            
               Order the Commission to pay the costs.
            
         Pleas in law and main arguments
   By the contested decision, the Commission reduced the assistance of the European Regional Development Fund (ERDF) for the programming for Community structural assistance in the Objective 2 regions of the Land North Rhine-Westphalia.
   In support of its claim, the applicant submits that the defendant wrongly assessed the facts in the contested decision.
   In addition, it has submitted that the conditions for a reduction pursuant to Article 24(2) of Regulation No 4253/88 (1) were not satisfied. In that regard, the applicant submits that the reallocation made would cause no significant change to the programme. In addition, it takes the view that the mere reference to the ‘guidelines for the financial closure of operational assistance (1994-1999) from the Structural Funds’ (SEC(1999) 1316) is not sufficient to show the significance of the change.
   Even if there were a significant change to the programme, the applicant submits that the Commission should have used its discretion under Article 24(2) of Regulation No 4253/88 with regard to the actual implementation of the programme. The applicant submits that the defendant should have assessed whether a reduction in the ERDF assistance was proportionate.
   
      (1)  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 Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (OJ L 374, 31.12.1988, p. 1).