Notice for the OJ

 

Action brought on 1 July 2005 by Mediocurso - Estabelecimento de Ensino Particular, SA against the Commission of the European Communities

(Case T-251/05)

(Language of the case: Portuguese)

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 1 July 2005 by Mediocurso - Estabelecimento de Ensino Particular, SA, established in Lisbon, represented by C. Botelho Moniz and E. Maia Cadete, lawyers.

The applicant claims that the Court should:

annul decision C(2005)1236 of the Commission of the European Communities of 14 April 2005 "reducing the amount of the assistance granted by the European Social Fund to Mediocurso - Estabelecimento de Ensino Particular, Lda in accordance with the Commission's Decision C(89) 0570 of 22 March 1989";

order the Commission to pay the costs.

Pleas in law and main arguments

Infringement of essential procedural requirements in that the Commission's decision procedure does not satisfy the formal requirements and in that insufficient justification is provided for the contested decision;

Infringement of the principles of legal certainty and of the protection of legitimate expectations, inasmuch as the contested decision is, to the applicant's detriment, at variance with the earlier act attesting to the factual and accounting accuracy of the documents produced by the applicant with its request for payment of the balance certified by it;

Manifest error in the assessment of the documentary evidence of expenditure produced by Mediocurso; and

Infringement of the principle of proportionality, with regard to the grounds of fact and law put forward in support of the reduction of assistance which is the subject-matter of the contested decision.

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