Keywords
Summary

Keywords

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1. Action for annulment - Measures against which actions may be brought - Measures intended to have legal effects - Code of conduct on the financial control of structural measures

(EEC Treaty, Art. 173)

2. Economic and social cohesion - Structural assistance - Financial control - Creation of obligations for Member States - Lack of competence of the Commission

(EEC Treaty, Arts 130a et seq. and 155; Council Regulations Nos 2052/88, Art. 4, and 4253/88, Art. 23)

Summary

1. An action for annulment lies against any measures adopted by the institutions, whatever their nature or form, which are intended to have legal effects.

This applies to the Code of conduct on implementing provisions for Article 23 of Council Regulation (EEC) No 4253/88 concerning the coordination of the various structural assistance operations. The Code does not merely make more explicit the obligations to inform which Member States have under the aforesaid Article 23 but establishes specific obligations concerning the content of the information to be provided to the Commission and the frequency and means of communicating it, obligations which go beyond what is provided for in Article 23.

2. The Commission cannot derive the power from either Article 155 of the Treaty or Article 4 of Regulation No 2052/88 on the tasks of the Structural Funds to adopt an act imposing on Member States obligations that go beyond what is laid down in Article 23 of Regulation No 4253/88 regarding the coordination of the various structural operations.

Article 155 of the Treaty only gives the Commission the power to make recommendations and deliver opinions, which, according to Article 189 of the Treaty, are not binding on their addressees, whilst Article 4 of Regulation No 2052/88 merely indicates that the Commission may take initiatives and implementing measures in support of structural operations, with Community action nevertheless being conceived as complementing or contributing to national operations within the framework of concerted action involving the Commission, the Member State concerned and the competent authorities designated by the latter at the appropriate level and being confined to the preparation, financing, monitoring and assessment of operations. Moreover, according to Article 3 of Regulation No 2052/88, the arrangements for the verification of operations are to be laid down in the implementing Decisions adopted by the Council pursuant to Article 130e of the Treaty.

It follows that the Code of conduct on implementing provisions for Article 23 of Regulation No 4253/88 is an act which was adopted by an authority which had no power to adopt it and accordingly must be annulled.