Judgment of the Court of First Instance (Second Chamber) of 18 July 2007 – Ente per le Ville vesuviane v Commission
(Case T-189/02)
European Regional Development Fund (ERDF) – Ending of Community financial assistance – Action for annulment – Admissibility – Status to act of ultimate beneficiary of assistance – Direct link – Rights of the defence – Infringement of Article 12 of Regulation (EEC) No 4254/88 as amended – No inquiry
1. Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them (Art. 230, fourth para., EC) (see paras 37-53)
2. Economic and social cohesion – European Regional Development Fund –Grant of financial assistance for projects decided by the Commission before 1 January 1989 (Council Regulation No 4254/88, as amended by Regulation No 2083/93, Art. 12) (see paras 62-77)
3. Economic and social cohesion – European Regional Development Fund – Decision to end financial assistance – Defence rights of aid beneficiary – Scope (Council Regulation No 4254/88, as amended by Regulation No 2083/93, Art. 12) (see paras 87-100)
Re:
ACTION for annulment of Commission Decision D(2002) 810111 of 13 March 2002, purporting to end financial assistance from the European Regional Development Fund (ERDF) in the form of investment in infrastructure in Campania (Italy) relating to an integrated scheme of development of three Vesuvian towns for the purposes of tourism (ERDF No 86/05/04/054).
Operative part
The Court:
Dismisses the action;
Orders Ente per le ville vesuviane to pay the costs.
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