30.4.2004   

EN

Official Journal of the European Union

C 106/19

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Annul Commission Decision No C(2003) 3971 final. of 26 November 2003 which establishes indicative allocations between the Member States of the commitment appropriations under Community initiatives for the period 1994-1999, notified by Letter No SG(2003)D233063 of the Secretary-General of the Commission of 26 November 2003 to the Italian Permanent Representation to the European Union;

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Annul all annexes and supporting documents;

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Order the Commission to pay the costs.

I A –

Incorrect legal basis: lack of competence and in any event absence of the preconditions for the application of Article 12 of Regulation (EEC) No 2052/88 (1) during the preceding programme;

I B1 –

Incorrect legal basis: complete lack of competence to amend the indicative allocations at the date of the new decision;

I B2 –

Incorrect legal basis: total failure to identify the correct procedure.

II A –

Inadequate and contradictory statement of reasons as regards the choice of committee procedure for adoption of the contested decision;

II B –

Inadequate and contradictory statement of reasons in the contested decision as regards the method for calculating the new indicative allocation;

II C –

Inadequate and contradictory statement of reasons as regards the difference between the reference tables annexed to the new and old decisions;

II D –

Inadequate and contradictory statement of reasons as regards the reference date for assessing the extent to which the Community initiative programme (CIP) 1994-1999 has been implemented.