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C 112/46 EN Official Journal of the European Union 10.5.

2003

Action brought on 14 March 2003 by Maison de l’Europe — that the Commission, by encouraging the expansion of
Avignon-Méditerranée against the Commission of the actions and by making late payment (one and a half
European Communities years) of the amounts granted, in particular to the MEAM,
undermined the position of the latter. Consequently, by
adopting the contested decision, the defendant appears
(Case T-100/03) to have avoided discussion which, doubtless, would have
shown it to be partially responsible for MEAM’s alleged
shortcomings; such a discussion is nevertheless essential
(2003/C 112/85) and must precede any decision to terminate the activities
of an IPE.
(Language of the case: French)
The applicant also alleges failure to provide a statement of
reasons.

An action against the Commission of the European Communi-


ties was brought before the Court of First Instance of the (1 ) Not yet published.
European Communities on 14 March 2003 by Maison de
l’Europe Avignon-Méditerranée (MEAM), established in
Avignon (France), represented by François Martineau, lawyer.

The applicant claims that the Court should:

— annul the decision of 24 January 2003 of the Commission Action brought on 14 March 2003 by Centro Informativo
of the European Communities terminating the agreement per la collaborazione tra le imprese e la promozione degli
on the setting up of an Info-Point Europe (IPE) in investimenti in Sicilia — CIS — in liquidation against the
Avignon, signed on 23 October 2000; Commission of the European Communities

— order the defendant to pay the ‘recoverable costs’ in their


(Case T-102/03)
entirety.

(2003/C 112/86)

Pleas in law and main arguments (Language of the case: Italian)

The applicant association in the present case is the same one


as in Case T-43/03 Maison de l’Europe Avignon-Méditer- An action against the Commission of the European Communi-
ranée (1). The present action is directed against the termination
ties was brought before the Court of First Instance of the
by the Commission of the agreement entered into with the European Communities on 14 March 2003 by Centro
applicant on the setting-up of an Info-Point Europe (IPE).
Informativo per la collaborazione tra le imprese e la promo-
zione degli investimenti in Sicilia — CIS — in liquidation,
represented by Andrea Scuderi and Giorgia Motta, lawyers.
The termination at issue of the agreement in question is
based cumulatively on an alleged ‘loss of confidence’ by the
Commission in the applicant and on certain provisions of the The applicant claims that the Court should:
new financial regulation.
— annul the contested decision

In support of its claims, the applicant alleges:


— order the Commission to pay the costs.

— error of law in the present case, inasmuch as the grounds


for the conduct at issue were not among those which
could validly justify its adoption under the applicable
provisions. Neither the agreement in question, Annex I Pleas in law and main arguments
thereto on the statutes of the IPE, nor the new financial
regulation provide for termination of an agreement on
the setting-up of an IPE in the event that the Commission The present application has been brought against the decision
loses confidence in the other party. of the Commission of 15 November 2002 C(2002) 4155
10.5.2003 EN Official Journal of the European Union C 112/47

concerning the withdrawal of the contribution of the European The applicant claims that the Court should:
Regional Development Fund (ERDF) granted, in the form of a
global subsidy in support of the activities of an ‘Information — annul Ms Dionyssopoulou’s definitive staff report dated
centre for collaboration between undertakings and the pro- 20 December 2002;
motion of investment’, by Commission Decision C(93) 256/4
of 16 February 1993 as part of the Community support
framework for Community structural operations in Sicily in — order the Council to pay damages in the amount of
pursuance of Objective 1, and the recovery of amounts already EUR 8 000;
paid by the Commission by virtue of that contribution.
— order the defendant to pay the costs.
In support of its claims, the applicant alleges:

— Infringement of Article 24 of Council Regulation (EEC)


No 4253/88 ( 1) of 19 December 1988, laying down Pleas in law and main arguments
provisions for implementing Regulation (EEC) No 2052/
88 as regards coordination of the activities of the different
Structural Funds between themselves and with the oper- The applicant in this case contests the assessments contained
ations of the European Investment Bank and the other in her definitive staff report for the period from 1 July 1999
existing financial instruments inasmuch as the CIS did to 30 June 2001.
not wilfully misuse the approved subsidy but was unable
to supplement it through no fault of its own, the fault
being exclusively that of the Sicilian regional adminis- She alleges in that respect breach of the Guide to Staff Reports
tration which delayed in drawing up the contract between and a manifest error of assessment. These are apparent in
the defendant and the CIS. particular from the implied criticism that the applicant did not
participate fully in all the tasks of the service on medical
— Infringement of clause 14 of the abovementioned agree- grounds.
ment inasmuch as the Commission should have acknowl-
edged the reimbursement of the expense incurred, par-
ticularly in view of the fact that in the present case the
intermediary was not able to carry out the planned
activities for unforeseeable reasons beyond its control.

The applicant also pleads breach of the principles of force


majeure, proportionality and legitimate expectations and, in
the present case, misuse of powers. Action brought on 14 March 2003 by Hans McAuley
against the Council of the European Union

( 1) OJ 1988 L 374, p. 1.
(Case T-106/03)

(2003/C 112/88)

(Language of the case: French)


Action brought on 17 March 2003 by Triantafyllia
Dionyssopoulou against the Council of the European
Union
An action against the Council of the European Union was
(Case T-105/03) brought before the Court of First Instance of the European
Communities on 14 March 2003 by Hans McAuley, residing
in Wezembeek-Oppem (Belgium), represented by Sébastien
(2003/C 112/87) Orlandi, Albert Coolen, Jean-Noël Louis et Étienne Marchal,
lawyers.
(Language of the case: French)

The applicant claims that the Court should:


An action against the Council of the European Union was
brought before the Court of First Instance of the European — annul the decision finalising the applicant’s definitive staff
Communities on 17 March 2003 by Triantafyllia Dionysso- report for the period from 1 July 1999 to 30 June 2001;
poulou, residing in Brussels (Belgium), represented by François
Renard, lawyer. — order the defendant to pay the costs.