Order of the Court of First Instance (Second Chamber) of 25 September 2008 – Regione Siciliana v Commission

(Case T-363/03)

Action for annulment – ERDF – Cancellation of a financial contribution – Recovery of the sums already paid – Regional or local entity – Lack of direct effect – Inadmissibility

Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Commission decision addressed to a Member State withdrawing financial assistance from the European Regional Development Fund (Art. 230, fourth para., EC) (see paras 21-26)

Re:

FIRST, APPLICATION for annulment of Commission Decision C(2003) 2890 final of 13 August 2003 concerning cancellation of the contribution from the European Regional Development Fund (ERDF) granted to the applicant by Commission Decision C(90) 2363 025 of 14 December 1990 in respect of an infrastructure project in Sicily and the recovery of the sums already paid by the Commission in connection with that contribution; secondly, application for annulment of Commission debit note No 3240504102 of 26 September 2003; and, thirdly, annulment of any other connected or prior measure.

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders Regione Siciliana to pay the costs.