CELEX: C2003/112/86
Language: en
Date: 2003-05-10 00:00:00
Title: Case T-102/03: Action brought on 14 March 2003 by Centro Informativo per la collaborazione tra le imprese e la promozione degli investimenti in Sicilia — CIS — in liquidation against the Commission of the European Communities

C 112/46               EN                         Official Journal of the European Union                                         10.5.2003
Action brought on 14 March 2003 by Maison de l’Europe                     —     that the Commission, by encouraging the expansion of
Avignon-Méditerranée against the Commission of the                              actions and by making late payment (one and a half
                    European Communities                                        years) of the amounts granted, in particular to the MEAM,
                                                                                undermined the position of the latter. Consequently, by
                                                                                adopting the contested decision, the defendant appears
                         (Case T-100/03)                                        to have avoided discussion which, doubtless, would have
                                                                                shown it to be partially responsible for MEAM’s alleged
                                                                                shortcomings; such a discussion is nevertheless essential
                        (2003/C 112/85)                                         and must precede any decision to terminate the activities
                                                                                of an IPE.
                   (Language of the case: French)
                                                                          The applicant also alleges failure to provide a statement of
                                                                          reasons.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the                (1 ) Not yet published.
European Communities on 14 March 2003 by Maison de
l’Europe Avignon-Méditerranée (MEAM), established in
Avignon (France), represented by François Martineau, lawyer.
The applicant claims that the Court should:
—     annul the decision of 24 January 2003 of the Commission             Action brought on 14 March 2003 by Centro Informativo
      of the European Communities terminating the agreement               per la collaborazione tra le imprese e la promozione degli
      on the setting up of an Info-Point Europe (IPE) in                  investimenti in Sicilia — CIS — in liquidation against the
      Avignon, signed on 23 October 2000;                                          Commission of the European Communities
—     order the defendant to pay the ‘recoverable costs’ in their
                                                                                                   (Case T-102/03)
      entirety.
                                                                                                   (2003/C 112/86)
Pleas in law and main arguments                                                               (Language of the case: Italian)
The applicant association in the present case is the same one
as in Case T-43/03 Maison de l’Europe Avignon-Méditer-                    An action against the Commission of the European Communi-
ranée (1). The present action is directed against the termination
                                                                          ties was brought before the Court of First Instance of the
by the Commission of the agreement entered into with the                  European Communities on 14 March 2003 by Centro
applicant on the setting-up of an Info-Point Europe (IPE).
                                                                          Informativo per la collaborazione tra le imprese e la promo-
                                                                          zione degli investimenti in Sicilia — CIS — in liquidation,
                                                                          represented by Andrea Scuderi and Giorgia Motta, lawyers.
The termination at issue of the agreement in question is
based cumulatively on an alleged ‘loss of confidence’ by the
Commission in the applicant and on certain provisions of the              The applicant claims that the Court should:
new financial regulation.
                                                                          —     annul the contested decision
In support of its claims, the applicant alleges:
                                                                          —     order the Commission to pay the costs.
—     error of law in the present case, inasmuch as the grounds
      for the conduct at issue were not among those which
      could validly justify its adoption under the applicable
      provisions. Neither the agreement in question, Annex I              Pleas in law and main arguments
      thereto on the statutes of the IPE, nor the new financial
      regulation provide for termination of an agreement on
      the setting-up of an IPE in the event that the Commission           The present application has been brought against the decision
      loses confidence in the other party.                                of the Commission of 15 November 2002 C(2002) 4155
 ---pagebreak--- 10.5.2003              EN                          Official Journal of the European Union                                          C 112/47
concerning the withdrawal of the contribution of the European              The applicant claims that the Court should:
Regional Development Fund (ERDF) granted, in the form of a
global subsidy in support of the activities of an ‘Information             —     annul Ms Dionyssopoulou’s definitive staff report dated
centre for collaboration between undertakings and the pro-                       20 December 2002;
motion of investment’, by Commission Decision C(93) 256/4
of 16 February 1993 as part of the Community support
framework for Community structural operations in Sicily in                 —     order the Council to pay damages in the amount of
pursuance of Objective 1, and the recovery of amounts already                    EUR 8 000;
paid by the Commission by virtue of that contribution.
                                                                           —     order the defendant to pay the costs.
In support of its claims, the applicant alleges:
—     Infringement of Article 24 of Council Regulation (EEC)
      No 4253/88 ( 1) of 19 December 1988, laying down                     Pleas in law and main arguments
      provisions for implementing Regulation (EEC) No 2052/
      88 as regards coordination of the activities of the different
      Structural Funds between themselves and with the oper-               The applicant in this case contests the assessments contained
      ations of the European Investment Bank and the other                 in her definitive staff report for the period from 1 July 1999
      existing financial instruments inasmuch as the CIS did               to 30 June 2001.
      not wilfully misuse the approved subsidy but was unable
      to supplement it through no fault of its own, the fault
      being exclusively that of the Sicilian regional adminis-             She alleges in that respect breach of the Guide to Staff Reports
      tration which delayed in drawing up the contract between             and a manifest error of assessment. These are apparent in
      the defendant and the CIS.                                           particular from the implied criticism that the applicant did not
                                                                           participate fully in all the tasks of the service on medical
—     Infringement of clause 14 of the abovementioned agree-               grounds.
      ment inasmuch as the Commission should have acknowl-
      edged the reimbursement of the expense incurred, par-
      ticularly in view of the fact that in the present case the
      intermediary was not able to carry out the planned
      activities for unforeseeable reasons beyond its control.
The applicant also pleads breach of the principles of force
majeure, proportionality and legitimate expectations and, in
the present case, misuse of powers.                                        Action brought on 14 March 2003 by Hans McAuley
                                                                                     against the Council of the European Union
( 1) OJ 1988 L 374, p. 1.
                                                                                                    (Case T-106/03)
                                                                                                    (2003/C 112/88)
                                                                                              (Language of the case: French)
Action brought on 17 March 2003 by Triantafyllia
Dionyssopoulou against the Council of the European
                              Union
                                                                           An action against the Council of the European Union was
                          (Case T-105/03)                                  brought before the Court of First Instance of the European
                                                                           Communities on 14 March 2003 by Hans McAuley, residing
                                                                           in Wezembeek-Oppem (Belgium), represented by Sébastien
                          (2003/C 112/87)                                  Orlandi, Albert Coolen, Jean-Noël Louis et Étienne Marchal,
                                                                           lawyers.
                    (Language of the case: French)
                                                                           The applicant claims that the Court should:
An action against the Council of the European Union was
brought before the Court of First Instance of the European                 —     annul the decision finalising the applicant’s definitive staff
Communities on 17 March 2003 by Triantafyllia Dionysso-                          report for the period from 1 July 1999 to 30 June 2001;
poulou, residing in Brussels (Belgium), represented by François
Renard, lawyer.                                                            —     order the defendant to pay the costs.