# C_2015279EN.01000201.xml

| 24.8.2015 | EN | Official Journal of the European Union | C 279/2 |
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24.8.2015

EN

Official Journal of the European Union

C 279/2

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Judgment of the Court (First Chamber) of 24 June 2015 — Federal Republic of Germany v European Commission, Kingdom of Spain, French Republic, Kingdom of the Netherlands

(Joined Cases C-549/12 P and C-54/13 P) (1)

((Appeals - European Regional Development Fund (ERDF) - Reduction of financial assistance - Method of calculation by extrapolation - European Commission’s procedure for the adoption of the decision - Failure to comply with the time-limit - Consequences))

(2015/C 279/02)

Language of the case: German

Parties

Appellant: Federal Republic of Germany (represented by: T. Henze, acting as Agent, and by U. Karpenstein, C. Johann, C. von Donat and J. Lipinsky, Rechtsanwälte)

Other parties to the proceedings: European Commission (represented by: B. Conte and A. Steiblytė, Agents), Kingdom of Spain (represented by: A. Rubio González, Agent), French Republic (represented by: G. de Bergues, D. Colas and N. Rouam, Agents), Kingdom of the Netherlands (represented by: M. Bulterman and B. Koopman, Agents) (C-54/13 P)

Operative part of the judgment

The Court:

| 1) | Sets aside the judgments of the General Court of the European Union in Germany v Commission (T-265/08, EU:T:2012:434) and Germany v Commission (T-270/08, EU:T:2012:612); |
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1)

Sets aside the judgments of the General Court of the European Union in Germany v Commission (T-265/08, EU:T:2012:434) and Germany v Commission (T-270/08, EU:T:2012:612);

| 2) | Annuls Commission Decision C(2008) 1690 final of 30 April 2008 reducing the financial assistance granted from the European Regional Development Fund (ERDF) to the Operational Programme in the Objective 1 area of the Land Thüringen (Germany) (1994-1999), in accordance with Commission Decision C(94) 1939/5 of 5 August 1994, and of Commission Decision C(2008) 1615 final of 29 April 2008 reducing the financial assistance granted from the European Regional Development Fund (ERDF) by Commission Decision C(94) 1973 of 5 August 1994 to the Operational Programme for Berlin (East) (Germany) relating to Objective No 1 (1994-1999); |
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2)

Annuls Commission Decision C(2008) 1690 final of 30 April 2008 reducing the financial assistance granted from the European Regional Development Fund (ERDF) to the Operational Programme in the Objective 1 area of the Land Thüringen (Germany) (1994-1999), in accordance with Commission Decision C(94) 1939/5 of 5 August 1994, and of Commission Decision C(2008) 1615 final of 29 April 2008 reducing the financial assistance granted from the European Regional Development Fund (ERDF) by Commission Decision C(94) 1973 of 5 August 1994 to the Operational Programme for Berlin (East) (Germany) relating to Objective No 1 (1994-1999);

| 3) | Orders the European Commission to bear, in addition to its own costs, the costs incurred by the Federal Republic of Germany both in the context of the procedure at first instance and in relation to these appeals; |
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3)

Orders the European Commission to bear, in addition to its own costs, the costs incurred by the Federal Republic of Germany both in the context of the procedure at first instance and in relation to these appeals;

| 4) | Orders the Kingdom of Spain, the French Republic and the Kingdom of the Netherlands to bear their own costs. |
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4)

Orders the Kingdom of Spain, the French Republic and the Kingdom of the Netherlands to bear their own costs.

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(1)  
  OJ C 46, 16.2.2013.

OJ C 86 23.3.2013.

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