Notice for the OJ

 

Action brought on 25 February 2002 by 1. Idiotiko Institouto Epangelmatikis Katartisis, South Avyerinopoulou ( Anagnorismenes Technikes Idiotikes Epangelmatikes Skholes; 2. Panellinias Enosis Idiotikon Institouton Epangelmatikis Katartisis; and 3. Idiotikis Teknikis Epangelmatikis Ekpaideusis kai Katartisis, against the Commission of the European Communities.

                

(Case T-66/02)

An action against the Commission of the European Communities was brought before the Court of Justice of the European Communities on 25 February 2002 by 1. Idiotiko Institouto Epangelmatikis Katartisis (Private institute for occupational training), South Avyerinopoulou ( Anagnorismenes Technikes Idiotikes Epangelmatikes Skholes (Accredited private technical training schools); 2. Panellinias Enosis Idiotikon Institouton Epangelmatikis Katartisis (Panhellenic Association of private institutions for occupational training); 3. Idiotikis Teknikis Epangelmatikis Ekpaideusis kai Katartisis (Panhellenic Association of private technical education and training).

The applicants claim that the Court should:

(uphold the application for a declaration of the failure by the Commission of the European Communities to bring to an end the unlawful distinction between private and public bodies engaged in occupational training as regards the exclusive funding of the latter under the 3rd community support network and, in particular, under the operational programme concerning education and initial occupational training (II).

Pleas in law and main arguments

(Infringement of Article 87 EC: the proposed exclusive funding of public occupational-training bodies constitutes State (and Community) aid which does not concern general measures nor is justified by the actual requirements of public education. Such one-sided funding distorts competition and affects trade between the Member States.

(Infringement of the principle of equality under Article 12 EC: exclusive funding of public bodies dispensing occupational and technical education introduces unlawful discrimination against the private bodies dispensing occupational training, inasmuch as that discrimination is not necessitated by any overriding public interest.

(Infringement of the principle of subsidiarity.

____________