Order of the Court (Eighth Chamber) of 5 March 2009 – Commission v Provincia di Imperia

(Case C‑183/08 P)

Appeal – Article 119 of the Rules of Procedure – Conditions governing the admissibility of an action for annulment – Interest in bringing proceedings – Call for proposals regarding the financing of innovative actions under the European Social Fund – Decision to reject – Benefit for the applicant arising from a possible annulment of the contested act

Actions for annulment – Interest in bringing proceedings – Commission decision refusing European Social Fund support to an innovative measure under Article 6 of Regulation No 1784/1999 – Not possible to comply with the judgment annulling the measure – No effect (Art. 230, fourth para., EC; European Parliament and Council Regulation No 1784/1999, Art. 6) (see paras 19, 26, 30)

Re:

Operative part:

1.The appeal is dismissed as manifestly unfounded.

2.The Commission of the European Communities shall bear its own costs.