Source: All England Reporter
Publisher Citation: [2002] All ER (D) 264 (Jan)
Court: Court of Justice of the European Communities (Sixth Chamber)

Judges Colneric (President of the Second Chamber, Acting President of the Sixth Chamber), Gulmann, Puissochet (Rapporteur), Schintgen and Skouris

Judgment Dates: 30 January 2002


European Community - Action for annulment - Structural funds - Financing of Community initiatives - Commission making alteration of indicative allocations - Alteration reducing allocation to Italy - Italy challenging decision of Commission - Other member states granted leave to intervene - Whether Commission Decision authenticated - Whether Commission Decision to be annulled - Whether intervener entitled to raise plea of inadmissibility - arts 158, 159, and 253 EC (formerly arts 130a, 130b, 190 of the EC Treaty).

The Case

An application to the European Court of Justice of the European Communities by Italy under art230 EC (formerly art117 of the EC Treaty) for the annulment of Commission Decision of 16 December 1998 (approving amendments to the indicative allocation of Community initiatives) communicated to Italy by letter from the Secretary-General of the Commission, where Italy contended, inter alia, that the decision had not been authenticated was allowed.

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