28.1.2012

Official Journal of the European Union

C 25/40

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(Case C-586/11 P)

(2012/C 25/75)

Language of the case: Italian

Parties

Appellant: Regione Puglia (represented by: F. Brunelli and A. Aloia, avvocati)

Other party to the proceedings: European Commission

Form of order sought

—Set aside the order made on 14 September 2011 by the General Court, notified to the appellant on 15 September 2011, declaring that the action in Case T-84/10 is inadmissible;

—Accordingly, analyse the substance of the case and, consequently, annul Decision C(2009) 10350 of the European Commission of 22 December 2009 concerning ‘the lifting of the suspension of interim payments from the European Regional Development Fund relating to the programme to which this decision refers’, confirming the validity and applicability only of the provision made in Article 4;

—Order the Commission to pay the costs.

Pleas in law and main arguments

The appellant alleges, first, procedural irregularities in the proceedings before the court at first instance, which were seriously detrimental to the appellant, namely the omission of the oral procedure provided for in Article 114(3) of the Rules of Procedure of the General Court.

Second, the appellant claims that the General Court infringed Community law, first, by misinterpreting the fourth paragraph of Article 263 TFEU and Council Regulation (EC) No 1260/1999, (1) in conjunction with Article 4(2) and (3) TFEU and Article 5(3) TFEU, and, second, failing to state adequate grounds for its findings, in breach of Article 81 of its Rules of Procedure.

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(1) OJ 1999 L 161, p. 1.

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