CELEX: C1995/333/27
Language: en
Date: 1995-12-09 00:00:00
Title: ORDER OF THE COURT OF FIRST INSTANCE of 11 October 1995 in Case T-302/94: Dimitrios Coussios v. Commission of the European Communities (Inadmissibility)

No C 333/ 14           EN                   Official Journal of the European Communities                                     9 . 12 . 95
1 . dismisses the application in its entirety;                         of the Rome Bar, with an address for service in Luxembourg
                                                                       at the Chambers of Nico Schaeffer, 12 Rue de la Porte
2 . orders the applicant to pay all the costs, including those         Neuve .
      of the proceedings for interim measures.
(') OJ No C 188 , 9 . 7. 1994 .                                        The applicant claims that the Court should :
                                                                       — annul the decision of the Commission of the European
                                                                             Communities of 12 May 1995 , notified on 25 May
                                                                             1995 , discontinuing the EAGGF aid granted to it,
    ORDER OF THE COURT OF FIRST INSTANCE
                                                                       — in the alternative, declare unlawful the steps taken for
                      of 11 October 1995                                     recovery of the sum of Lit 314 741 984,
in Case T-302/94 : Dimitrios Coussios v. Commission of the
                   European Communities ( 1 )                          and seeks the reimbursement of the costs of the proceedings
                          (Inadmissibility)                            in accordance with the Rules of Procedure .
                            ( 95/C 333/27 )
                (Language of the case: French)                         Pleas in law and main arguments:
In Case T-302/94 : Dimitrios Coussios, a former official of            The applicant obtained from the Commission by a decision
the Commission of the European Communities, represented                of 28 November 1984 aid in the amount of Lit 494 946 104,
by Georges Sakellaropoulous, of the Athens Bar, with an                of which Lit 314 741 984 was paid on 24 July 1987. The aid
address for service in Luxembourg at the Chambers of                   was granted for the purpose of completing an aquaculture
Aloyse May, 31 Grand-Rue, v. Commission of the                         production unit in Orbetello (Tuscany, Italy ) on the basis of
European Communities ( Agent: Ana Maria Alves Vieira ) —               a project submitted by the applicant. Since there had arisen a
application for annulment of the decision of Commission                difficulty while the project was being carried out not in
appointing Mr Claude Probst to the post of Head of Unit                respect of the aquaculture production plant but rather for
VII . C. 93 with effect from 1 December 1993 — the Court of            the construction of a shed required for use in the business,
First Instance ( Fourth Chamber ), composed of                         the applicant company asked for the project to be
D. P. M. Barrington, President, and K. Lenaerts and                    considered concluded when it was 70 % completed, waiving
P. Lindh, Judges; H. Jung, Registrar, made an order on                 payment of the remainder of the aid in respect of the Lit
11 October 1995 , the operative part of which is as                    314 741 984 previously granted . The Italian Ministry for
follows :                                                              the Merchant Navy informed the applicant that such a
                                                                       request could not be accepted since the company had not
                                                                       obtained the certificate of fitness for use of the plant which
1 . The application is dismissed as inadmissible.                      was defined as a 'conditio sine qua non for payment of the
                                                                       aid'. By letter of 14 April 1994 the Commission informed
2 . The parties are ordered to bear their own costs.                   the applicant that, in the absence of such a certificate, the
                                                                       procedure for discontinuing the aid would be put into effect.
(') OJ No C 351 , 10 . 12 . 1994 .                                     The EAGGF aid granted to the applicant was dicontinued
                                                                       by way of the decision of the Commission of 12 May 1995 ,
                                                                       which is the subject-matter of these proceedings .
                                                                       The application is based on the following grounds :
Action brought on 31 July 1995 by Ittima Maremmana                     ( a ) Infringement of Community law
   against the Commission of the European Communities
                         ( Case T-154/95 )
                                                                              — In the notice granting aid there is no mention of the
                            ( 95/C 333/28 )                                      relevant national authority having been designated
                                                                                  ( Article 18 ( 2 ) of Council Regulation ( EEC )
                 (Language of the case: Italian)                                 No 2908/83 ). The Ministry for the Merchant Navy
                                                                                 ' appears' during the course of the procedure . That
                                                                                 central national authority, whenever, however or
An action against the Commission of the European                                  by whomever it has been appointed, is nonetheless
Communities was brought before the Court of First                                incompetent to carry out the duties laid down in the
Instance of the European Communities on 31 July 1995 by                          abovementioned regulation . Its 'insertion' into the
Ittima Maremmana, whose registered office is at Rome,                            procedure thus constitutes an infringement of that
represented by Sergio Barenghi and Alessandro Pallottino,                        regulation .