CELEX: C2007/297/40
Language: en
Date: 2007-12-08 00:00:00
Title: Case C-445/07 P: Appeal brought on 28 September 2007 by the Commission of the European Communities against the judgment delivered on 18 July 2007 in Case T-189/02 Ente per le Ville Vesuviane v Commission of the European Communities

8.12.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 297/25
            
         Appeal brought on 28 September 2007 by the Commission of the European Communities against the judgment delivered on 18 July 2007 in Case T-189/02 Ente per le Ville Vesuviane v Commission of the European Communities
   (Case C-445/07 P)
   (2007/C 297/40)
   Language of the case: Italian
   Parties
   
      Appellant: Commission of the European Communities (represented by: L. Flynn, Agent, assisted by A. Dal Ferro, avvocato)
   
      Other party to the proceedings: Ente per le Ville Vesuviane
   Form of order sought
   
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               set aside the judgment delivered on 18 July 2007 in Case T-189/02 in so far as it declares that the action for annulment brought by the Ente per le Ville Vesuviane is admissible;
            
         
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               declare that the action for annulment brought by the Ente per le Ville Vesuviane against Commission Decision D(2002) 810111 is inadmissible;
            
         
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               order the Ente per le Ville Vesuviane to pay the costs of the present proceedings and of the proceedings at first instance.
            
         Pleas in law and main arguments
   The Commission considers its own challenge against the judgment of the Court of First Instance admissible since, although it won the case at first instance as to the substance, it was unsuccessful regarding the plea of inadmissibility against the Ente per le Ville Vesuviane.
   According to the applicant, the judgment under appeal is defective because it infringes Community law, in so far as it declared the action brought by the Ente per le Ville Vesuviane admissible, taking the view that the latter was directly concerned as provided for in the fourth paragraph of Article 230 EC. The applicant argues that according to current Community law, where, as in the present case, there is an act addressed to a Member State which is given discretion as to whether the effects of the act will have repercussions on the applicant, the decision in question cannot be considered to be of direct concern to the latter, irrespective of whether or not the applicant was a ‘beneficiary’ of Community funds.