CELEX: C1997/387/39
Language: en
Date: 1997-12-20 00:00:00
Title: Action brought on 2 October 1997 by Associazione G.A.L. Penisola Sorrentina against Commission of the European Communities (Case T-263/97)

C 387/20                EN                 Official Journal of the European Communities                                    20 . 12 . 97
 annulment of Commission Decision PT-C(95)543 of                            ORDER OF THE COURT OF FIRST INSTANCE
 12 December 1995 reducing financial assistance — the                                          of 30 September 1997
 Court of First Instance (Third Chamber ), composed of: B.
Vesterdorf, President, C. P. Briët and A. Potocki, Judges;             in Case T-122/96 : Federazione Nazionale del Commercio
 B. Pastor, Principal Administrator, for the Registrar, has            Oleario ( Federolio ) v. Commission of the European
given a judgment on 7 November 1997, in which it:                                                  Communities (')
                                                                        (Agriculture — Common organization of the markets —
 1 . dismisses the action;                                             Olive oil — Consumption aid — Regulation (EC)
                                                                       No 887/96 — Action for annulment — Association of
                                                                                            traders — Inadmissibility)
2 . orders the applicant to pay the costs, including the                                             ( 97/C 387/38 )
     costs of the proceedings on the application for interim
     measures .
                                                                                         (Language of the case: Italian)
(<) OJ C 233 , 10 . 8 . 1996 .
                                                                       In Case T-122/96 : Federazione Nazionale del Commercio
                                                                       Oleario ( Federolio ), established in Rome, represented by
                                                                       Livia Magrone Furlotti, of the Rome Bar, with an address
                                                                       for service in Luxembourg at the Chambers of Marc
                                                                       Loesch, 1 1 Rue Goethe, v. Commission of the European
                                                                       Communities ( Agents : Eugenio de March and Paolo
     ORDER OF THE COURT OF FIRST INSTANCE                              Ziotti ) — application for partial annulment of
                       of 30 September 1997                            Commission Regulation ( EC ) No 887/96 of 15 May 1996,
                                                                       amending Regulation ( EEC) No 2677/85 laying down
in Case T-151/95 : Instituto Europeu de Formação                       implementing rules in respect of the system of
Profissional Lda ( INEF ) v. Commission of the European                consumption aid for olive oil ( OJ L 119 , 16 . 5 . 1996 , p. 16
                          Communities (')                              and OJ L 254, 25 . 9 . 1985 , p. 5 , respectively ) — the
                                                                       Court of First Instance ( Fifth Chamber ), composed of: R.
(European Social Fund — Reduction of financial                         García-Valdecasas, President, J. Azizi and M. Jaeger,
assistance — Actions for annulment of measures — Time­
                                                                      Judges; H. Jung, Registrar, made an order on 30 September
                     limits — Inadmissibility)                         1997, the operative part of which is as follows:
                           ( 97/ C 387/37 )
                                                                       1 . the application is dismissed as inadmissible;
              (Language of the case: Portuguese)
                                                                      2 . the applicant is ordered to pay the costs.
In Case T-151/95 : Instituto Europeu de Formação
                                                                       (') OJ C 370 , 7 . 12 . 1996 .
Profissional Lda ( INEF ), established at Oporto ( Portugal ),
represented by Bolota Belchior, of the Vila Nova de Gaia
Bar, with an address for service in Luxembourg at the
Chambers of Jacques Schroeder, 6 Rue Heinrich Heine, v.
Commission of the European Communities ( Agents:
initially, Ana Maria Alves Vieira and Günter Wilms and,
subsequently, Maria Teresa Figueira and Knut Simonsson )              Action brought on 2 October 1997 by Associazione
— application for annulment of the Commission 's                      G.A.L. Penisola Sorrentina against Commission of the
decision of 2 December 1991 reducing the aid granted by                                       European Communities
the European Social Fund in case 991005 PI in favour of
a vocational training programme operated in Portugal by                                           ( Case T-263/97 )
the applicant — the Court of First Instance ( Second                                                ( 97/C 387/39 )
Chamber), composed of: C. W. Bellamy, President; A.
Kalogeropoulos and M. Jaeger, Judges; H. Jung, Registrar,
made an order on 30 September 1997, the operative part                                   (Language of the case: Italian)
of which is as follows :
                                                                      An action against the Commission of the European
                                                                       Communities was brought before the Court of Justice of
1 . the application is dismissed;                                      the European Communities on 2 October 1997 by
                                                                       Associazione G.A.L. Penisola Sorrentina, represented by
2 . the applicant is ordered to pay the costs.
                                                                       Gian Luca Lemmo and Vincenzo Mormile , of the Naples
                                                                       Bar, with an address for service in Naples at 31 Via del
                                                                       Parco Marguerita .
(') OJ C 268 , 14 . 10 . 1995 .
                                                                       The applicant claims that the Court should annul
                                                                       Commission Decision C(97) 1261 of 15 May 1997.
 ---pagebreak--- 20 . 12 . 97              EN                 Official Journal of the European Communities                                  C 387/21
Pleas in law and main arguments adduced in support:                     Action brought on 12 May 1997 by the Region of
                                                                        Tuscany against the Commission of the European
                                                                                                      Communities
By the contested decision, the defendant, amending
Decision C(95 ) 444/3 of 5 April 1995 concerning the                                              ( Case T-265 /97 )
grant of a contribution from the EAGGF, changed the                                                  ( 97/C 387/40 )
Leader II Operational Programme as regards Point 1.3 and
Point 6.1 , and in so doing failed to include among the
areas for action the territory of the Comunita Montana                                   (Language of the case: Italian)
Penisola Sorrentina, since 'on the basis of the provisions of
the programme, it does not appear necessary to promote                  An action against the Commission of the European
and implement further Programmi di Azione Locale ( Local                Communities was brought before the Court of Justice of
Action Programmes — " PALs "), in view of the fact that in              the European Communities on 12 May 1997 by the
the latter area socioeconomic development is more                       Region of Tuscany, represented by Vito Vacchi and Lucia
advanced and more integrated than in the other areas                    Bora , of the Florence Bar, with an address for service in
concerned '. According to the applicant, those statements               Luxembourg at the Chambers of Paolo Benocci, 50 Rue
are not only incorrect but also lack any basis whatsoever.              de Vianden, and subsequently referred, on the ground of
                                                                        manifest lack of jurisdiction of the Court of Justice, to the
                                                                        Court of First Instance by order of the Court of Justice of
In support of its claims, the applicant alleges infringement            1 October 1997 .
of Article 190 of the Treaty of Rome, breach of essential
procedural requirements, breach of the obligation of
sound administration and of the principle of the                        The applicant claims that the Court should :
protection of legitimate expectations, as well as a total
lack of any statement of reasons and manifest lack of any
proper basis.                                                           — annul Memorandum VI/040551 of the European
                                                                            Commission — Directorate General for Agriculture —
                                                                            of 21 November 1994,
It is alleged, first, that the contested decision is based on
the misconception that a PAL had already been approved                  — annul the act — never notified to the applicant region
for the area in question, in disregard of the fact that the                 — by which the European Commission withdrew the
PAL submitted by the applicant had not been granted                         Community assistance earmarked under the Integrated
financing. Furthermore, the area in question is not among                   Mediterranean Programme ( IMP ) for Project
the most developed in Campania .                                            No 88.20.IT.006.0 ( works for the supply of potable
                                                                            water in Tuscany ),
The applicant also alleges that the choice made by the
defendant is contradictory. It is considered in that regard             — annul the European Commission's memorandum of
that in the Regional Programme for implementation of the                     31 January 1997, received by the applicant on
Leader II, described above, the Campania Region, in                          7 February 1997, by which the Commission informed
applying Directive 75/268/EEC ('), initially included                        it that the assistance had been withdrawn .
Penisola Sorrentina among the so-called 'less-favoured '
areas for action on the basis of certain socio-economic
indicators and then, in the light of the same indicators,               Pleas in law and main arguments adduced in support:
decided that it was unnecessary to promote and
implement further PALs in that area .                                   The pleas in law and main arguments are those adduced
                                                                        in Case T-81 /97 Region of Tuscany v. Commission (').
The defendant confined itself to excluding the Sorrentina
Area on the ground that it was developed, without                       (') OJ C 166 , 31 . 5 . 1997, p . 21 .
however giving the slightest indication of the reasons
justifying that decision and without undertaking an
appropriate inquiry.
In the applicant's view, such an inquiry would have made
it clear that the area in question is classified, within the            Action brought on 13 October 1997 by Azienda Agricola
meaning of the abovementioned Directive 75/268/EEC, as                  Tre e Mezzo against Commission of the European
 'a mountain area and less favoured area ' and that, for that                                          Communities
precise reason, it was included in the Leader II                                                   ( Case T-269/97 )
Programme, among priority areas for action .
                                                                                                      ( 97/C 387/41 )
 (') Council Directive 75/268/EEC of 28 April 1975 on mountain
     and hill farming and farming in certain less-favoured areas ( OJ                     (Language of the case: Italian)
     L 128 , 19 . 5 . 1975 , p. 1 ).
                                                                        An action against the Commission of the European
                                                                         Communities was brought before the Court of Justice of