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Order of the Court (Eighth Chamber) of 5 March 2009. # Commission of the European Communities v Provincia di Imperia. # Appeal - Article 119 of the Rules of Procedure - Conditions governing the admissibility of an action for annulment - Interest in bringing proceedings - Call for proposals regarding the financing of innovative actions under the European Social Fund - Decision to reject - Benefit for the applicant arising from a possible annulment of the contested act. # Case C-183/08 P.
ECLI:EU:C:2009:136
62008CO0183
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(Case C‑183/08 P)
Appeal – Article 119 of the Rules of Procedure – Conditions governing the admissibility of an action for annulment – Interest in bringing proceedings – Call for proposals regarding the financing of innovative actions under the European Social Fund – Decision to reject – Benefit for the applicant arising from a possible annulment of the contested act
Actions for annulment – Interest in bringing proceedings – Commission decision refusing European Social Fund support to an innovative measure under Article 6 of Regulation No 1784/1999 – Not possible to comply with the judgment annulling the measure – No effect (Art. 230, fourth para., EC; European Parliament and Council Regulation No 1784/1999, Art. 6) (see paras 19, 26, 30)
Re:
Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 14 February 2008 in Case T-351/05 Provincia di Imperia v Commission, by which that Court declared admissible (but unfounded) the action brought by the appellant for the annulment of the Commission’s decision of 30 June 2005 to refuse to grant it a subsidy in the context of a call for proposals concerning innovative measures under the European Social Fund – Infringement of the conditions governing the admissibility of an action for annulment – Meaning of an ‘interest in bringing proceedings’ – No benefit for the applicant arising from a possible annulment of the contested act.
Operative part:
1.The appeal is dismissed as manifestly unfounded.
2.The Commission of the European Communities shall bear its own costs.