Judgment of the Court of First Instance (Third Chamber) of 17 December 2008 – Italy v Commission

(Case T-154/06)

European Social Fund (ESF) – Reduction of financial assistance – Article 24 of Regulation (EEC) No 4253/88 – Appropriate examination of the case by the Commission – Actions for annulment

Economic and social cohesion – Structural assistance – Community financing – Detailed monitoring by the national authorities of compliance with the financial obligations of the aid recipients – Scope – Declaration as to the regularity of expenses drawn up by a service independent of the monitoring service – Declaration constituting a central and reliable piece of evidence – Duty on the Community to carry out a fresh inquiry – None (Council Regulation No 4253/88, Arts 23 and 24; Commission Regulation No 2064/97, Art. (8)) (see paras 38-43, 50-52, 66-69, 77-78, 91)

Re:

APPLICATION for the annulment of Commission Decision C(2006) 1171 of 23 March 2006, reducing financial aid granted by the European Social Fund (ESF) for an operational programme in the Sicily Region, forming part of the Community support framework for Community structural interventions under Objective No 1 in Italy (period from 1994 to 1999).

Operative part

The Court:

1. Dismisses the action;

2. Orders the Italian Republic to pay the costs.