Appeal brought on 28 September 2007 by the Commission of the European Communities against the judgment delivered on 18 July 2007 in Case T-189/02 Ente per le Ville Vesuviane v Commission of the European Communities

(Case C-445/07 P)

(2007/C 297/40)

Language of the case: Italian

Parties

Appellant: Commission of the European Communities (represented by: L. Flynn, Agent, assisted by A. Dal Ferro, avvocato)

Other party to the proceedings: Ente per le Ville Vesuviane

Form of order sought

Pleas in law and main arguments

The Commission considers its own challenge against the judgment of the Court of First Instance admissible since, although it won the case at first instance as to the substance, it was unsuccessful regarding the plea of inadmissibility against the Ente per le Ville Vesuviane.

According to the applicant, the judgment under appeal is defective because it infringes Community law, in so far as it declared the action brought by the Ente per le Ville Vesuviane admissible, taking the view that the latter was directly concerned as provided for in the fourth paragraph of Article 230 EC. The applicant argues that according to current Community law, where, as in the present case, there is an act addressed to a Member State which is given discretion as to whether the effects of the act will have repercussions on the applicant, the decision in question cannot be considered to be of direct concern to the latter, irrespective of whether or not the applicant was a ‘beneficiary’ of Community funds.