Notice for the OJ
Action brought on 26 September 2005 - the Italian Republic v the Commission
(Case T-373/05)
Language of the case: Italian
Parties:
Applicant(s): the Italian Republic (represented by: Paolo Gentili, Avvocato dello Stato)
Defendant(s): the Commission of the European Communities
Form of order sought
The applicant claims that the Court should:
annul Commission decision C(2005)2756 of 20 July 2005 insofar as it imposes an overall adjustment on the tobacco aid scheme operated by the Italian Republic amounting to 5% of the expenditure declared in 2001 and 2002 for the 2000 harvest and order the Commission to pay the costs of the proceedings.
Pleas in law and main arguments
The Italian government has brought an action before the Court of First Instance of the European Communities challenging Commission Decision C(2005) 2756 of 20 July 2005, notification of which was given on that date, insofar as it makes an overall financial adjustment to the tobacco aid scheme amounting to 5% of the expenditure declared in 2001 and 2002 for the marketing year 2000.
In support of its action the Italian government argues:
1) that Decision C(2005) 2756 of 20 July 2005 contains an inadequate statement of reasons in relation to Article 253 of the Treaty and that the Commission has misused its powers by distorting the facts in that the contested decision makes an overall adjustment to the aid granted for tobacco production in the marketing year 2000 without providing an appropriately detailed statement of reasons as to the rules allegedly infringed or indeed any factual grounds that could justify the decision;
2) that Article 7(4) of Regulation (EC) No 1258/1999
1 was infringed and misapplied in that the decision to make an overall adjustment to the aid granted for tobacco production in the marketing year 2000 lacks the detailed statement of grounds which is a necessary requirement of that provision.