Keywords
Summary

Keywords

1. Acts of the institutions - Statement of reasons - Obligation - Scope - Commission decision reducing, on a proposal from a Member State, assistance from the European Social Fund for vocational training

(Art. 253 EC)

2. Social policy - European Social Fund - Financial assistance for vocational training - Commission decision based on Article 6(1) of Regulation No 2950/83 - Evaluation of complex facts and accounts - Judicial review - Limits

(Council Regulation No 2950/83, Art. 6(1))

Summary

$$1. The purpose of the obligation to state the reasons for an individual decision, laid down in Article 253 EC, is to provide the person concerned with sufficient information to make it possible to determine whether the decision is well founded or whether it is vitiated by an error which may permit its validity to be contested, and to enable the Community judicature to review the lawfulness of the decision. The extent of that obligation depends on the nature of the measure at issue and the context in which it was adopted.

Given, in particular, that a decision reducing the amount of European Social Fund assistance initially granted has serious consequences for the recipient of that assistance, such a decision must either itself show clearly the grounds which justify the reduction in the assistance initially granted or, if such grounds are not stated because the Commission has simply confirmed the proposal of a Member State to reduce that assistance, refer clearly to a measure of the competent authorities in the Member State concerned in which the latter clearly set out the reasons for such a reduction.

( see paras 34-37 )

2. The application of Article 6(1) of Regulation No 2950/83 on the implementation of Decision 83/516 concerning the tasks of the European Social Fund - under which, where assistance from the European Social Fund has not been used in conformity with the conditions laid down by the approval decision, the Commission may suspend, withdraw or reduce the assistance - may require the Commission to undertake an evaluation of complex facts and accounts. When undertaking such an evaluation, the Commission must therefore enjoy a considerable measure of latitude. Consequently, the Community judicature must, in examining whether that power was exercised lawfully, confine itself to examining whether the Commission committed a manifest error in assessing the information in question.

( see para. 50 )