CELEX: 62008CO0183
Language: en
Date: 2009-03-05 00:00:00
Title: Order of the Court (Eighth Chamber) of 5 March 2009. # Commission of the European Communities v Provincia di Imperia. # Appeal - Article 119 of the Rules of Procedure - Conditions governing the admissibility of an action for annulment - Interest in bringing proceedings - Call for proposals regarding the financing of innovative actions under the European Social Fund - Decision to reject - Benefit for the applicant arising from a possible annulment of the contested act. # Case C-183/08 P.

Order of the Court (Eighth Chamber) of 5 March 2009 – Commission v Provincia di Imperia
      (Case C‑183/08 P)
      Appeal – Article 119 of the Rules of Procedure – Conditions governing the admissibility of an action for annulment – Interest in bringing proceedings – Call for proposals regarding the financing of innovative actions under the European Social Fund – Decision to reject – Benefit for the applicant arising from a possible annulment of the contested act
      Actions for annulment – Interest in bringing proceedings – Commission decision refusing European Social Fund support to an innovative measure under Article 6 of Regulation No 1784/1999
         – Not possible to comply with the judgment annulling the measure – No effect (Art. 230, fourth para., EC; European Parliament and Council Regulation No 1784/1999, Art. 6) (see paras 19, 26,
         30)
      
      Re: 
      
         Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 14 February 2008 in Case T-351/05 
               Provincia di Imperia
                v 
               Commission
               , by which that Court declared admissible (but unfounded) the action brought by the appellant  for the annulment of the Commission’s
                  decision of 30 June 2005 to refuse to grant it a subsidy in the context of a call for proposals concerning innovative measures
                  under the European Social Fund – Infringement of the conditions governing the admissibility of an action for annulment – Meaning
                  of an ‘interest in bringing proceedings’ – No benefit for the applicant arising from a possible annulment of the contested
                  act.
               
            Operative part:
      
         
                  1.
               
               
                  
               
               
                  	The appeal is dismissed as manifestly unfounded.
               
            
         
                  2.
               
               
                  
               
               
                  	The Commission of the European Communities shall bear its own costs.