This document is an excerpt from the EUR-Lex website
Document 62014TN0825
Case T-825/14: Action brought on 18 December 2014 — IREPA v Commission and Court of Auditors
Case T-825/14: Action brought on 18 December 2014 — IREPA v Commission and Court of Auditors
Case T-825/14: Action brought on 18 December 2014 — IREPA v Commission and Court of Auditors
OJ C 65, 23.2.2015, p. 45–47
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
23.2.2015 |
EN |
Official Journal of the European Union |
C 65/45 |
Action brought on 18 December 2014 — IREPA v Commission and Court of Auditors
(Case T-825/14)
(2015/C 065/62)
Language of the case: Italian
Parties
Applicant: Istituto di ricerche economiche per la pesca e l’acquacoltura — IREPA Onlus (Salerno, Italy) (represented by: F. Tedeschini, lawyer)
Defendants: European Commission and Court of Auditors of the European Union
Form of order sought
The applicant claims that the Court should:
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Annul the European Commission’s Debit Note No 3 241 411 395 of 30 September 2014 in which IREPA was asked to pay the sum of EUR 4 58 347,35 to the European Commission’s bank account by 7 November 2014; |
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Annul the European Commission’s note Ref. Ares (2013) 2 644 562 of 12 July 2013 and the attached report from the European Court of Auditors of 27 February 2013, containing a pre-information letter preceding a recovery order in connection with the Italian Data Collection Programme for 2010; |
— |
Annul the European Commission’s note Ref. Ares (2014) of 6 August 2014, containing a second pre-information letter preceding a recovery order in connection with the Italian Data Collection Programme for 2010. |
Pleas in law and main arguments
The present action has been brought against the Commission’s objections, based on the Court of Auditors’ deductions, concerning the legitimacy of the costs incurred by the applicant in connection with staff and external assistance for the Italian National Fisheries Data Collection Programme (2010), as a result of which the request for repayment of either the EU quota or the national quota was issued.
In support of the action, the applicant relies on two pleas in law.
1. |
First plea in law, regarding the objection relating to ‘Staff costs’, alleging infringement and incorrect application of: (i) Annex I to Commission Regulation (EC) No 1078/2008 of 3 November 2008 laying down detailed rules for the implementation of Council Regulation (EC) No 861/2006 as regards the expenditure incurred by Member States for the collection and management of the basic fisheries data; (ii) Article 16 of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts; and (iii) the principle of legitimate expectations.
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2. |
Second plea in law, regarding ‘Costs of external assistance’, alleging infringement and incorrect application of: (i) Regulation (EC) No 1078/2008; (ii) Article 16 of Directive 2004/18/EC; (iii) Article 14 of Council Regulation (EC) No 199/2008 of 25 February 2008 concerning the establishment of a Community framework for the collection, management and use of data in the fisheries sector and support for scientific advice regarding the Common Fisheries Policy; and (iv) the principle of legitimate expectations.
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