23.10.2010

Official Journal of the European Union

C 288/15

(Case C-350/09 P) (*)

(Appeal - European Social Fund - Financial assistance - Cancellation)

(2010/C 288/24)

Language of the case: French

Parties

Appellant: Centre de promotion de l'emploi par la micro-entreprise (CPEM) (represented by: C. Bonnefoi, avocate)

Other party to the proceedings: European Commission (represented by: L. Flynn and A. Steiblytė, Agents)

Re:

Appeal against the judgment of the Court of First Instance (Second Chamber) of 30 June 2009 in Case T-444/07 CPEM v Commission dismissing the appellant’s application for annulment of Commission Decision C(2007) 4645 of 4 October 2007 cancelling the assistance granted by the European Social Fund (ESF) by Decision C(1999) 2645 of 17 August 1999 — Microprojects promoting employment and social cohesion — Infringement of the rights of the defence and the principle of equal treatment — Failure to take into account the concept of ‘co-responsibility’ — Failure to observe the principle of legal certainty as a result of the existence of several different versions of the ‘Promoter’s Guide’ — Doubts as to the applicability of Council Regulation No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 248, p. 1) on which OLAF’s decision was based

Operative part of the order

1.The appeal is dismissed;

2.The Centre de promotion de l'emploi par la micro-entreprise (CPEM) shall pay the costs.

(*) Language of the case: French.

(1) OJ C 312, of 19.12.2009.