(Case T-388/07)

ERDF – Reduction in assistance – Urban pilot project for the development of a telematic network for the city of Naples – Concept of irregularity – Eligible expenses

4. Non-contractual liability – Conditions – Sufficiently serious breach of Community law – None – Action devoid of legal foundation (Art. 288, second para., EC) (see paras 174-178)

5. Non-contractual liability – Liability for a lawful act – Principle not recognised in Community law – Pleas designed to establish abnormal and special loss and a causal link between that loss and the said act – Inoperative pleas (Art. 288, second para., EC) (see paras 184-188)

Re:

First, annulment of Commission Decision C(2007) 3893 of 8 August 2007, concerning a reduction in the assistance granted by the European Regional Development Fund (ERDF) under Article 10 of Regulation (EEC) No 4254/88, amended by Regulation (EEC) No 2083/93, to the city of Naples (Italy) by Commission Decision PH/1997/2761, approving the granting of ERDF assistance in the context of urban pilot project No 97.05.29.002 and, secondly, an application for damages seeking compensation for the damage allegedly suffered by the applicant following the adoption of the contested decision.

Operative part

The Court:

1.Dismisses the action;

2.Orders the Comune di Napoli to pay the costs.