Acórdão do Tribunal de Primeira Instância da União Europeia
Processo T-314/04

N.º do Acórdão
62004TJ0314
Data
14/12/2006

Inadmissibility Reduction of financial assistance Action for annulment Preparatory act European Regional Development Fund Act against which proceedings can be brought


Sumário

Judgment of the Court of First Instance (Third Chamber) of 14 December 2006.
Federal Republic of Germany v Commission of the European Communities.
European Regional Development Fund - Reduction of financial assistance - Action for annulment - Act against which proceedings can be brought - Preparatory act - Inadmissibility.
Joined cases T-314/04 and T-414/04.


Texto da decisão





Judgment of the Court of First Instance (Third Chamber) of 14 December 2006 – Germany v Commission

(Joined Cases T-314/04 and T-414/04)

(European Regional Development Fund – Reduction of financial assistance – Action for annulment – Act against which proceedings can be brought – Preparatory act – Inadmissibility)

Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects (Art. 230 EC; Council Regulation No 4253/88, Art. 24) (see paras 38-43)

Re:

ACTIONS for annulment of the decisions contained in two letters of the Directorate‑General for Regional Policy of the Commission of 17 May and 9 August 2004 sent to the applicant concerning reduction of the assistance from the European Regional Development Fund granted for the Objective 2 Programme 1997-1999 North Rhine-Westphalia and the Operational Programme Resider II North Rhine‑Westphalia 1994-1999, and the refusal in consequence to pay the applicant the balances of EUR 5 488 569.24 and EUR 2 268 988.33 respectively.

Operative part

The Court:

Dismisses the actions as inadmissible;

Orders the Commission to bear its own costs and half of those incurred by the applicant. The applicant is to bear half of its own costs.