26.9.2009

EN

Official Journal of the European Union

C 233/19

(Case T-308/09)

2009/C 233/36

Language of the case: Italian

Parties

Applicant: Italian Republic (represented by: P. Gentili, lawyer)

Defendant: Commission of the European Communities

Form of order sought

The applicant claims that the Court should:

—Annul letter No 4263 of 20 May 2009 of the European Commission — Directorate General for Regional Policy — concerning ‘Regional Operational Programme “Campania” 2000-2006. Request for payment No Sysfin 2009/0154 Adonis A/723 of 12 January 2009’, containing the following decision: ‘The sum of EUR 18 544 968,79 relating to expenditure incurred after 17 May 2006 in relation to measure 1.7 concerning the regional waste management and disposal system is non-eligible’.

Pleas in law and main arguments

The pleas in law and main arguments are similar to those relied on in Case T-99/09 Italy v Commission.

The applicant submits, in particular:

—Infringement of Articles 32 and 39 of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds, in so far as the defendant reduced payment of the expenditure certified in respect of measure 1.7 ‘pending the outcome of Case T-99/09’ and that the fact that there are proceedings pending against previous payment procedure measures is not one of the circumstances in which payment from Structural Funds may be reduced in accordance with the provisions referred to above.

—Infringement of Article 230 EC. It is submitted in this connection that if, as a result of bringing legal proceedings, Member States should fear that subsequent intermediate payments will be reduced, they will no longer have the freedom to exercise the fundamental right to judicial protection.

* * *

(1) OJ C 102, 1.5.2009, p. 34.

(2) OJ L 161, 26.6.1999, p. 1.