CELEX: C2003/304/20
Language: en
Date: 2003-12-13 00:00:00
Title: Case C-431/03: Action brought on 30 September 2003 by the Italian Republic against the Commission of the European Communities

C 304/14                EN                       Official Journal of the European Union                                       13.12.2003
Action brought on 30 September 2003 by the Italian                            made by the Member State as final beneficiary subject to
Republic against the Commission of the European Com-                          the only requirement that the expenditure should be in
                             munities                                         fact incurred by the final beneficiary itself.
                                                                         (b) Inadequate and contradictory statement of reasons.
                          (Case C-431/03)
                                                                         (1) OJ 1999 L 161, p. 1.
                          (2003/C 304/20)                                (2) OJ 2000 L 193, p. 39.
An action against the Commission of the European Communi-
ties was brought before the Court of Justice of the European
Communities on 30 September 2003 by the Italian Republic
represented by Ivo Maria Braguglia, acting as Agent, and
Antonio Cingolo, Avvocato dello Stato.                                   Action brought on 10 October 2003 by Commission of
                                                                          the European Communities against Portuguese Republic
The applicant claims that the Court should:                                                       (Case C-432/03)
—     order the joinder of the present case with the related                                      (2003/C 304/21)
      Cases C-138/03 and C-324/03; annul Memorandum
      No 26777a of the European Commissioner, Mr Barnier,
      of 29 July 2003 in so far as it excludes from financing
      the advances paid in relation to State aid granted by the
      Member States after 19 February 2003; annul all related            An action against the Portuguese Republic was brought
      and preceding acts;                                                before the Court of Justice of the European Communities on
                                                                         10 October 2003 by the Commission of the European
                                                                         Communities, represented by António Caeiros, acting as
—     order the Commission of the European Communities to                Agent, with an address for service in Luxembourg.
      pay all the costs.
                                                                         The applicant claims that the Court should:
                                                                         1.   Declare that:
Pleas in law and main arguments
                                                                              —     by making tubes of polyethylene imported from
The applicant argues that the contested measure should be                           other Member States subject to an approval pro-
annulled on the following grounds:                                                  cedure, pursuant to Article 17 of Decree-Law No 38/
                                                                                    382 of 7 August 1951, without taking account of
                                                                                    approval certificates issued by those States,
(a)   infringement of Article 32 of Regulation (EC) No 1260/
      1999 (1) and of Rule 1(1) and (2) in the Annex to                             and
      Commission Regulation (EEC) No 1685/2000 (2).
                                                                              —     by omitting to inform the Commission of that
      The contested measure clearly infringed the abovemen-                         measure,
      tioned regulations.
      None of the provisions contained in the abovementioned                  the Portuguese Republic has failed to fulfil its obligations
      regulations states that the activities actually carried out             under Articles 28 EC and 30 EC, and also under Articles 1
      and charged to financing are significant in terms of the                and 4(2) of Decision No 3052/95/EC of the European
      eligibility of the payment made by the final recipients of              Parliament and of the Council (1) of 13 December 1995
      the funding under State aid.                                            establishing a procedure for the exchange of information
                                                                              on national measures derogating from the principle of
                                                                              the free movement of goods within the Community;
      Rather on the contrary, the scheme laid down in those
      regulations, so far as concerns the State aid within the
      meaning of Article 87 EC, considers eligible payment               2.   Order the Portuguese Republic to pay the costs.