1.7.2006   

EN

Official Journal of the European Union

C 154/6


Appeal brought on 27 March 2006 by the Republic of Finland against the order made on 9 January 2006 in Case T-177/05 Republic of Finland v Commission of the European Communities

(Case C-163/06 P)

(2006/C 154/12)

Language of the case: Finnish

Parties

Appellant: Republic of Finland (Agent: E. Bygglin)

Other party to the proceedings: Commission of the European Communities

Form of order sought

set aside the order of the Court of First Instance of the European Communities of 9 January 2006 in Case T-177/05 Republic of Finland v Commission of the European Communities and declare Finland's action under Article 230 EC admissible and remit the main action to the Court of First Instance of the European Communities, in which the Commission should be ordered to reimburse Finland also the costs incurred in the appeal proceedings.

Pleas in law and main arguments

Finland submits that in its order the Court of First Instance infringed Community law within the meaning of Article 58 of the Statute of the Court of Justice.

Finland submits that the Court of First Instance erred in law in considering that the contested letters of the Commission did not contain a decision amenable to an action under Article 230 EC.

In Finland's view, the contested letters of the Commission contain a decision amenable to an action under Article 230 EC.

By the contested decision the Commission in fact denied Finland the opportunity to make a conditional payment within the meaning of case-law of the Court of Justice.

The contested decision thus has binding legal effects for Finland which affect Finland's interests and clearly change Finland's legal position, as required by the case-law concerning the application of Article 230 EC. In addition, the contested decision caused a loss of rights for Finland and is thus manifestly adverse to Finland.