Judgment of the Court of First Instance of 27 June 2007 - Nuova Gela Sviluppo v Commission
(ERDF - Conclusion of Community financial assistance - Action for annulment - Action for damages - Arbitration clause)
Language of the case: Italian
Parties
Applicant: Nuova Gela Sviluppo Soc. Cons. pa, formerly Gela Sviluppo Soc. Cons. pa (Gela, Italy) (represented by: P. Menchetti, lawyer)
Defendant: Commission of the European Communities (represented by: L. Flynn and M. Velardo, acting as Agents, assisted by A. Dal Ferro, lawyer)
Re:
Primarily, annulment of the decision contained in the Commission's letter of 16 December 2003 concerning the closure of assistance ERDF 98.05.26.001, annulment of the Commission decisions reducing the assistance, withdrawing the assistance and recovering the balance of the assistance, and annulment of Article 6.2 of Commission Decision SEC (1999) 1316 of 9 September 1999 on guidelines for the financial closure of operational assistance (1994 - 1999) from the Structural Funds, and, in the alternative, compensation for the loss suffered by the applicant and performance of the agreement of 13 September 1999 between the applicant and the Commission.
Operative part of the judgment
The Court:
Dismisses the action;
Orders the applicant to pay the costs.
____________1 - OJ C 106, 30.4.2004.