EN

Official Journal of the European Union

C 179/56

(Case T-223/10)

(2010/C 179/95)

Language of the case: Italian

Parties

Applicant: Regione Puglia (Bari, Italy) (represented by: F. Brunelli and A. Aloia, lawyers)

Defendant: European Commission

Form of order sought

—Annul Debit Note No 3241001630 of the European Commission of 26 February 2010.

—Order the Commission to pay the costs, including a fixed amount for general costs.

Pleas in law and main arguments

The present action is brought against the debit note issued by the Commission on 26 February 2010 in implementation of Decision C(2009) 10350 of 22 December 2009 concerning the cancellation of part of the contribution from the European Regional Development Fund (ERDF) allocated to the operational programme POR Puglia Obiettivo 1 2000-2006. That decision was challenged by the Regione Puglia and by Italy in Case T-84/10 (1) and Case T-117/10 (2) respectively.

In support of its claims, the applicant puts forward the following pleas:

—Decision C(2009) 10350 of 22 December 2009 is unlawful, on the basis of the pleas in law and main arguments already relied on in Case T-84/10.

—Infringement of Article 7(2) of Commission Regulation (EC) No 448/2001 of 2 March 2001 laying down detailed rules for the implementation of Council Regulation (EC) No 1260/1999 as regards the procedure for making financial corrections to assistance granted under the Structural Funds, (3) which provides for the application of a rate of interest of 1,5 % above the rate applied by the European Central Bank in its main refinancing operations, since the contested debit note provides that the rate of interest to be charged is that published in the OJEU on 1 April 2010, increased by 3,5 %.

(1)

OJ C 113, 1.5.10, p. 58.

(2)

Not yet published in the OJ.

(3)

OJ L 64, 6.3.2001, p. 13.