Opinion of Mr Advocate General Darmon delivered on 5 March 1991

1 Original language: French.

2 Paragraphs 2 and 3 of the Opinion delivered today in Case C-291/89 [1991] ECR I-2257, I-2264.

3 Annex IV to the defence.

4 Ibitiem.

5 Documents Nos 1 and 2 of the group of Annex II to the application.

6 Annex V to the defence and Annex I to the reply.

7 Emphasized by Oliveira in paragraph 12 of iu application to the Court.

8 Reply, paragraphs 6 to 8.

9 Defence, paragraphs 19 and 20.

10 Case C-200/89, paragraph 6 of the Opinion.

11 Judgment in Case C-200/89 fmioc [1990] ECR I-369, paragraph 17.

12 See, on this last point, concerning the European Social Fund, the order in Case C-12/90 lnfortec [1990] ECR I-4265, paragraph 10.

13 Judgment in Case 44/81 Federai Republic of Germany v Commission [1982] ECR 1855, paragraphs 8 to 12.

14 Emphasis added.

15 Sec the Annual Report of lhe Court of Auditors concerning the year 1989 including a comparison over five years (OJ 1989 C 313, p. 76).

16 Case 310/81 [1984] ECR 1341, paragraph 15.

17 Emphasis added.

18 Application, paragraph 19.

19 Judgment in Case 1/69 Commission v Italy [1969] ECR 227, paragraph 9.

20 Paragraph 17.

21 Defence, p. 12 of the French translation.

22 Rejoinder, paragraph 11.

23 Judgment in Case 32/86 SISMA [1987] ECR 1685, paragraph 8, emphasis added.

24 Sec in particular the judgment in Case 185/83 University of Groningen [1984] ECR 3623, paragraph 38.

25 Annex III to lhe defence, p. 2 additional sheet No 2.

26 Pp. 3 to 5 of the French translation.

27 Case 185/83, reference given in footnote 23.

28 The adverbs inexplicablement and anormalement are used alternatively in the French language documents in an attempt to translate the Portuguese term injustificadamente which is used in the original decisions refusing the balance (pp. 43 and 45 of the application to the Court).

29 Annex II to the application to the Court, document No 3.

30 Application, paragraph 15.

31 Defence, paragraph 7.

32 Point 14.3.1 b, c, d of the final payment claim, Annex III to the defence, compared with point 15.3 of the original application for assistance, Annex II to the defence.

33 Point 14.3.9 of the final payment claim compared with the corresponding line in point 15.3 of the original application for assistance.

34 Point 14.5 of the final payment claim compared with point 15.5 of the original application for assistance.

35 Point 14.3.13 of the final payment claim: see point 15.3 of the original application for assistance. and that the Commission

36 Point 14.2.4 of the final payment claim; see point 15.2 of the original application for assistance.

37 Point 14.2.6 of the final payment claim.

38 See defence, paragraph 8.

39 See in particular paragraphs 35 and 36.

40 Judgment in Case 84/85 Uniteti Kingdom v Commission [1987] ECR 3765, paragraph 23.

41 Paragraph 41.

42 Point 14.2.1 of the final payment claim.

43 Point 14.2.7 of the final payment claim.

44 Point 14.3.14 of the final payment claim.

45 Annex 6 to the reply, p. 13.

46 Point 14.3.5 of the final payment claim.

47 Annex 6 to the reply, p. 14.

48 Point 14.2.7 of the final payment claim, see defence, paragraph 9, and rejoinder, paragraph 5 e), to be compared with Annex 6, p. 18.

49 Point 14.2.3.

50 Rejoinder, paragraph 5 d), to be compared with Annex 6 to the reply, p. 18

51 Point 14.3 of the final payment claim.

52 Defence, paragraph 9, and rejoinder, paragraph 3.

53 Annex II to defence, additional sheet No 4.

54 Annex III to defence, p. 2; additional sheet No 7 of the final payment claim.

55 A total amount of ESC 4161464.15 relating to internal training should be reached, and not of ESC 5982363.69; the error therefore amounts to ESC 1820899.54.

56 Point 14.3.2 of the final payment claim, p. 2 separate she No 9 of Annex III to the defence : taking into account the part of the charges (28, 5%), an excess of ESC 518956.36 is to be found in that respect.

57 ESC 1820899.54 + ESC 518956.36

58 The amount agreed at the time of approval being that submitted under point 15.3 of the initial application, line relating to secretariat and management, namely ESC 1920000 (80000 x 2 x 12); since the amounts finally applied for amounted to ESC 6344345.60 the excess thus amounts to ESC 4424345.60.

59 Point 14.3.5 of the final payment claim.

60 Se paragraph 35 of this Opinion concerning the file relating to young people.

61 Point 14.3.8 of the final payment claim; see paragraph 44 of this Opinion concerning the file relating to young people.

62 Point 14.3.9 of the final payment claim.

63 30000 x 10 (weeks) x 110% (fees) - 3300000.

64 Point 14.3.13 of the final payment claim; see paragraph 32 of this Opinion concerning the file relaüng to young people.

65 Point 14.3.14 of the final payment claim; see paragraph 34 of this Opinion concerning the file relating to young people.

66 19237214-13776054.

67 Point 14.2.1 of the final payment claim.

68 Annex I to the defence, p. 1 of the file relating to young people; see also the file relating to adults, same references.

69 Paragraphs 34 and 36 of this Opinion.

70 Point 15.2 of the original applications for assistance.

71 Of ESC 8100000.

72 Points 14.3.7 and 14.3.8 of the final payment claim.

73 Reply to defence, paragraph 5.

74 Point 15.3 of the original application for assistance.

75 Annex IV to the defence.

76 Defence, Annex III, p. 2 additional sheet No 2.

77 Defence, Annex III, p. 2 additional sheet No 1.

78 Defence, Annex II. p. 5.

79 Point 14.5 of the final payment claim, defence, paragraph 9.

80 Point 14.6. of the final payment claim.

81 Final payment claim, p. 2 additional sheet No 1 ; defence, p. 7 of the French translation, and rejoinder, paragraph 5(0-

82 Application, paragraph 14.

83 Application, paragraph 23.

84 Application, paragraph 25.

85 Reply, paragraphs 24 and 26.

86 Rejoinder, paragraph 22.

87 Reply, paragraph 16.

88 Reply, Annex I.

89 Reduction by 36% in points 14.1, 14.3.1, 14.3.10, 14.3.11, 14.3.12 and 14.6 or the final payment claim.

90 Final payment claim, p. 2 additional sheet No 1.