Notice for the OJ

 

Action brought on 13 February 2004 by Gela Sviluppo S.C.p.A. (in liquidation) against the Commission of the European Communities

(Case T-65/04)

Language of the case: Italian

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 13 February 2004 by Gela Sviluppo S.C.p.A. (in liquidation), represented by Patrizio Menchetti, lawyer.

The applicant claims that the Court should:

-    annul the Commission decision in the communication of 16 December 2003, ref. 116515 Regio E2/JHR/rs D(2003) 621494, refusing the application for payment of the balance of the financing of the global grant for Gela Sviluppo;

-    cancel the Commission decision reducing the financing of the global grant for Gela Sviluppo, Sicily 94-99 ERDF 98.05.26.001;

-    annul the Commission decision writing off the sum of EUR 2 348 580.42 from the balance sheet;

-    annul the Commission decision in the debit note for the sum of EUR 85 806.66, for repayment of the surplus paid;

-    if Article 6.2 of the Guidelines for the financial closure of operational assistance (1994-1999) of the Structural Funds adopted by Decision (ESA) 1999/1316 of 9/9/1999 is considered part of a decision within the meaning of Article 249 EC, annul that decision;

-    establish the non-contractual liability of the Commission with respect to failure to pay the final balance of the financing of the global grant for Gela Sviluppo, Sicily 94/99 ERDF 98.05.26.001, and order the Commission to compensate for damage under Article 235 EC and Article 288 EC    in the sum of EUR 2 348 580.42, plus interest, or to an extent considered fair;

-    establish the breach of contract and the contractual liability of the Commission in relation to the agreement signed on 13.09.1999 by Gela Sviluppo and the European Commission, recognised by the Region of Sicily, and amended on 31.05.2002, also recognised by the Region of Sicily, declare that the sum of EUR 85 806.66 is not payable by the Commission, order the Commission to perform its contractual obligations with regard to the payment of the sum of EUR 2 262 777.76 or to compensate for damage in the same amount, or to an extent considered fair;

-    order the Commission to pay the costs.

Pleas in law and main arguments:

The action relates to the Commission decision not to pay the final balance of the financing of the global grant for Gela Sviluppo, Sicily 94-99 ERDF 98.05.26.001, and to demand the sum already paid of EUR 85 806 66.

The applicant pleads:

the Commission did not give an adequate statement of reasons for the decisions reducing the financing, or for Decision (ESA) 1999/1316 of 9.9.1999;

the Commission was in breach of the principle of due process because it refused to take action in relation to the applicant's request to be heard, and of the principles of legitimate expectations, proportionality and legal certainty concerning that reduction, and finally of essential procedural requirements in relation to the presentation of Decision (ESA) 1999/1316 of 9/9/1999;

unlawfulness of the method of calculation used by the Commission for the closure of the final balance;

the non-contractual liability of the Commission by reason of infringement of the principle of legitimate expectations, good administrative practice and the rules governing the management of the financing of the structural funds;

the contractual liability of the Commission in relation to the agreement signed by the Commission, Gela Sviluppo and the Region of Sicily, in breach of Articles 1453,1175 and 1375 of the Italian Civil Code.

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