CELEX: C2003/226/10
Language: en
Date: 2003-09-20 00:00:00
Title: Case C-301/03: Action brought on 2 July 2003 by the Italian Republic against the Commission of the European Communities

20.9.2003               EN                          Official Journal of the European Union                                           C 226/7
Action brought on 2 July 2003 by the Italian Republic                      B. Infringement of Article 30 of Regulation (EC) No 1260/1999
  against the Commission of the European Communities
                                                                           According to the applicant, the final date for eligibility of
                          (Case C-301/03)                                  expenditure relating to programming complements is fixed,
                                                                           with no possibility of derogation, by the general regulation.
                          (2003/C 226/10)                                  The specific provisions of that regulation imply normal
                                                                           retroactivity from the moment of contribution from the
                                                                           Funds (the date on which the Commission receives an applica-
An action against the Commission of the European                           tion for assistance) unless there are changes affecting the
Communities was brought before the Court of Justice of the                 facts set out in the decision to grant a contribution from the
European Communities on 2 July 2003 by the Italian Republic,               Funds.
represented by I. M. Braguglia, acting as Agent, and G. Aiello,
avvocato dello Stato.                                                      The Commission, on the other hand, has determined that,
                                                                           where modifications are made to a programming complement,
The applicant claims that the Court should:                                the starting date for the eligibility of expenditure is established
                                                                           by the Surveillance Committee and may not precede the
                                                                           decision of the Committee approving the amendment in
—     annul the act of the Commission reference CDRR-03-                   question. The modified programming complement must
      0013-00-it (document 4), referred to in the notes of the             specify the starting date for the eligibility of new expenditure
      Commission described below as an act ‘communicated                   occasioned by the modification.
      officially to the Member States on the occasion of the
      meeting of the Advisory Committee for the                            If the Commission's view were to be applied, Article 30(2) of
      Development and Conversion of Regions of 23 April                    the regulation would loose all preceptive force because any
      2003’ (note of 2 June 2003, No 107135) and the note                  programming complement that implements the assistance
      of 14 May 2003 no 106387 (document 6), received on                   approved by decision of the Commission would postpone
      15 May 2003, whereby the Directorate for Regional                    the date for the eligibility of expenditure and the starting date
      Operations in France, Greece and Italy within the                    for the eligibility of expenditure fixed by the regulation would
      Directorate-General for Regional Policy of the European              never be used.
      Commission gave notice of its decision on the final date
      for the eligibility of expenditure relating to modifications
      to the programming complements for POR Sardegna                      C. The applicant claims that the acts complained of are unlaw-
      2000-2006; the note of 28 May 2003 No 107051                         ful because they lack any proper legal base and constitute
      (document 7), received on 2 June 2003, whereby the                   an abuse of power involving the perversion of proceedings,
      Directorate for Regional Operations in France, Greece                lack of jurisdiction, and infringement of the regulation by the
      and Italy within the Directorate-General for Regional                Commission.
      Policy of the European Commission gave notice of its
      decision on the final date for the eligibility of expenditure
      relating to modifications to the programming comple-
      ments for POR Sicilia 2000-2006; the note of 2 June
                                                                           (1) Received probably on 30 June 2003.
      2003 No 107135 (document 8), received in 2003 (1),
                                                                           (2) OJ L 161 of 26.6.1999, p. 1.
      whereby the Directorate for Regional Operations in
      France, Greece and Italy within the Directorate-General
      for Regional Policy of the European Commission gave
      notice of its decision on the final date for the eligibility
      of expenditure relating to modifications to the program-
      ming complements for DOCUP Lazio 2000-2006, toge-
      ther with all connected acts and decisions;                          Action brought on 16 July 2003 by the Commission of the
                                                                           European Communities against the United Kingdom of
                                                                                        Great Britain and Northern Ireland
—     order the Commission to pay the costs.
                                                                                                    (Case C-305/03)
Pleas in law and main arguments                                                                     (2003/C 226/11)
A. Infringement of Articles 15 and 34 of Regulation (EC)                   An action against the United Kingdom of Great Britain and
No 1260/1999 (2)                                                           Northern Ireland was brought before the Court of Justice of the
                                                                           European Communities on 16 July 2003 by the Commission of
                                                                           the European Communities, represented by Richard Lyal, acting
By the acts in issue the Commission actively intervened in the             as agent, with an address for service in Luxembourg.
process of modifying programming complements, or in other
words, the actual management of programming. That is not                   The Applicant claims that the Court should:
within its remit, as defined by the regulation cited and the
Commission had no powers and transgressed into a sphere of                 1)   declare that by applying a reduced rate of value added tax
competence not its own.                                                         to the commission paid to auctioneers on the sale by