Notice for the OJ

 

Action brought on 4 December 2003 by Regione Siciliana against the Commission of the European Communities

(Case T-392/03)

(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 by Regione Siciliana, represented by Giacomo Aiello, Avvocato dello Stato.

The applicant claims that the Court should:

-    annul Order BUDG/C5/ME/jlsD(2003)358046 of 6 October 2003 of the Commission of the European Communities on the detailed rules for the recovery of the contribution of the European Regional Development Fund (ERDF), ERDF "Gibbesi Dam" cancelled by Commission Decision C(2002)4905 of 11 December 2002, and in consequence order the Commission of the European Communities to pay the costs.

Pleas in law and main arguments

Regione Siciliana has brought an action before the Court of First Instance of the European Communities challenging Order BUDG/C5/ME/jlsD(2003)358046 of 6 October 2003 of the Commission of the European Communities on the detailed rules for the recovery of the contribution of the European Regional Development Fund (ERDF), ERDF "Gibbesi Dam" cancelled by Commission Decision C(2002)4905 of 11 December 2002 and of the acts resulting from it. ¹

In support of its application Regione Siciliana alleges:

infringement and/or misapplication of Articles 73 and 186 of Council Regulation No 1605/2002 of 25 June 2002 ² and of Article 83 of the implementing Commission Regulation No 2342/2002 of 23 December 2002, ³ in that the contested order provided for the recovery of the Community contribution which had been revoked, and refused to allow Regione Siciliana to offset the contribution against claims that it itself has on the Commission, and therefore applied default interest to it;

infringement and misapplication of Article 24 of Council Regulation No 4253/88 as amended by Council Regulation (EEC) No 2083/93 of 20 July 1993 ⁴ in that the contested order did not find that the principle of offsetting was immediately applicable to the circumstances of this case;

misuse of powers because of inconsistency between various acts and infringement of the principle of the protection of legitimate expectations, in that the Commission has contradicted its own earlier decisions which were also adopted in respect of Regione Siciliana, in relation to the admissibility of the action seeking offsetting through discharge of the pecuniary obligations in this case.

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¹ - Decision already contested in Case T-60/03 Regione Siciliana v Commission (OJ 2003 C 101, p. 50).

² - Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 248, p. 1)

³ - Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 357, p. 1)

⁴ - Council Regulation (EEC) No 2082/93 of 20 July 1993 amending Regulation (EEC) No 4253/88 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (OJ 1993 L193, p. 20)