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24.5.2008 |
EN |
Official Journal of the European Union |
C 128/30 |
Judgment of the Court of First Instance (Fourth Chamber) of 17 April 2008 — Cestas v Commission
(Case T-260/04) (1)
(Action for annulment - European Development Fund - Repayment of amounts paid - Debit note - Act not amenable to review - Preparatory act - Inadmissibility)
(2008/C 128/65)
Language of the case: Italian
Parties
Applicant: Centro di educazione sanitaria e tecnologie appropriate sanitarie (Cestas) (Bologna (Italy) (represented initially by: N. Amadei and C. Turk, and subsequently by N. Amadei and P. Manzini, lawyers)
Defendant: Commission of the European Communities (represented by: E. Montaguti and F. Dintilhac, Agents)
Re:
Annulment of the decision of 21 April 2004 of the Commission (Delegation in the Republic of Guinea), sent to the applicant by registered letter, ordering it to pay the amount of GNF 959 543 (EUR 397 126,02).
Operative part of the judgment
The Court:
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1. |
Dismisses the action as being inadmissible. |
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2. |
Orders the Centro di educazione sanitaria e tecnologie appropriate sanitarie (Cestas) to bear three fifths of its own costs and also to pay three fifths of the costs incurred by the Commission. |
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3. |
Orders the Commission to bear two fifths of its own costs and also to pay two fifths of the costs incurred by Cestas. |