CELEX: C2002/289/61
Language: en
Date: 2002-11-23 00:00:00
Title: Case T-290/02: Action brought on 24 September 2002 by Associazione Consorzi Tessili — ASCONTEX against Commission of the European Communities

23.11.2002              EN                     Official Journal of the European Communities                                       C 289/33
Action brought on 24 September 2002 by Associazione                       In support of its arguments, the applicant alleges, first, breach
Consorzi Tessili — ASCONTEX against Commission of                         of the duty to provide reasons. According to the applicant, the
                  the European Communities                                Commission never carried out the investigation required under
                                                                          Article 24 of Regulation (EEC) No 4253/88 (1), which is
                                                                          applicable in the present case. Thus, the Commission did not
                          (Case T-290/02)                                 invite Italy to submit its comments despite the fact that
                                                                          financial assistance was granted with the support of the Italian
                                                                          Government. Furthermore, the applicant claims that the
                         (2002/C 289/61)                                  Commission failed to reply to its proposals to make changes
                                                                          to the project. The applicant further states that the Commission
                                                                          has not adopted a decision on the eligibility of the expenditure
                   (Language of the case: French)                         incurred by it in relation to the project. According to the
                                                                          applicant, the Commission was in full possession of all the
                                                                          information in that regard.
                                                                          The applicant also alleges breach of the principle of legitimate
An action against the Commission of the European Communi-
                                                                          expectations. According to the applicant, the Commission has
ties was brought before the Court of First Instance of the
European Communities on 24 September 2002 by Associa-                     not challenged the eligibility of the expenditure incurred by
                                                                          the applicant.
zione Consorzi Tessili — ASCONTEX, whose registered office
is at Milan (Italy), represented by Patrick Mbaya and Laurent
Denis, lawyers, with an address for service in Luxembourg.
                                                                          The last plea in law put forward by the applicant alleges breach
                                                                          of the principle of legal certainty. According to the applicant,
                                                                          the Commission has rejected the expenditure claimed by the
The applicant claims that the Court should:                               applicant for lack of certification whereas it had never made
                                                                          any such observation previously. Moreover, the applicant
                                                                          states that certification for expenditure must be submitted with
—     annul the decision of 12 July 2002 withdrawing financial            the final report for the project.
      assistance from the applicant for the ASCONTEX IBEX
      EURESPRIT project;
                                                                          (1 ) Council Regulation (EEC) No 4253/88 of 19 December 1988
—     declare that the advance of EUR 200 000 is not to be                     laying down provisions for implementing Regulation (EEC)
                                                                               No 2052/88 as regards coordination of the activities of the
      repaid;
                                                                               different Structural Funds between themselves and with the
                                                                               operations of the European Investment Bank and the other
—     annul in part, in the alternative, the decision of 12 July               existing financial instruments (JO L 374, p. 1).
      2002 withdrawing financial assistance from the applicant
      for the ASCONTEX IBEX EURESPRIT project;
—     declare that the advance of EUR 200 000 is to be repaid
      to the Commission only after the latter adopts a decision
      on the eligibility of the expenditure submitted and on the
      proportion of that not used by the applicant;
                                                                          Action brought on 17 September 2002 by González
                                                                          y Díez S.A. against the Commission of the European
—     order, in any event, the defendant to pay the costs.                                             Communities
                                                                                                      (Case T-291/02)
Pleas in law and main arguments                                                                       (2002/C 289/62)
                                                                                               (Language of the case: Spanish)
The applicant is a member of the Italian association of textile
manufacturers. It received from the Commission financial
assistance for an international salon exhibition in the textile
and clothing sector. The salon was to be held in Capri.
                                                                          An action against the Commission of the European Communi-
                                                                          ties was brought before the Court of First Instance of the
                                                                          European Communities on 17 September 2002 by the under-
In the contested decision, the Commission withdraws its                   taking González y Díez S.A., Villabona-Llanera (Asturias,
financial assistance and seeks repayment of the advance already           Spain), represented by J. Folguera Crespo, A. Martínez Sánchez
paid.                                                                     and J.C. Engra Moreno, lawyers.