# C_2013178EN.01000501.xml

| 22.6.2013 | EN | Official Journal of the European Union | C 178/5 |
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22.6.2013

EN

Official Journal of the European Union

C 178/5

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Appeal brought on 15 April 2013 by the Kingdom of Spain against the judgment of the General Court (Eighth Chamber) delivered on 31 January 2013 in Case T-235/11 Spain v Commission

(Case C-192/13 P)

2013/C 178/09

Language of the case: Spanish

Parties

Parties

Appellant: Kingdom of Spain (represented by: A. Rubio González, agent)

Appellant:

Other party to the proceedings: European Commission

Other party to the proceedings:

Form of order sought

Form of order sought

| — | Declare that the present appeal is well founded and set aside the judgment of the General Court of 31 January 2013 in Case T-235/11 Spain v Commission. |
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Declare that the present appeal is well founded and set aside the judgment of the General Court of 31 January 2013 in Case T-235/11 Spain v Commission.

Spain

Commission

| — | Annul Commission Decision C (2011) 1023 final of 18 February 2011 reducing the assistance granted from the Cohesion Fund to the project stages: ‘Supply and assembly of track materials on the high-speed line Madrid-Zaragoza-Barcelona-French border. Section Madrid-Lleida’ (CCI No 1999.ES.16.C.PT.001); ‘High-speed railway line Madrid-Barcelona. Section Lleida-Martorell (Platform, 1st phase)’ (CCI No 2000.ES.16.C.PT.001); ‘High-speed line Madrid-Zaragoza-Barcelona-French border. Access to Zaragoza’ (CCI No 2000.ES.16.C.PT.003); ‘High-speed line Madrid-Zaragoza-Barcelona-French border. Section Lleida-Martorell. Subsection X-A (Olérdola-Avinyonet del Penedés)’ (CCI No 2001.ES.16.C.PT.007) and ‘New high-speed railway access to Levante. Subsection La Gineta-Albacete (Platform)’ (CCI No 2004.ES.16.C.PT.014). |
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Annul Commission Decision C (2011) 1023 final of 18 February 2011 reducing the assistance granted from the Cohesion Fund to the project stages: ‘Supply and assembly of track materials on the high-speed line Madrid-Zaragoza-Barcelona-French border. Section Madrid-Lleida’ (CCI No 1999.ES.16.C.PT.001); ‘High-speed railway line Madrid-Barcelona. Section Lleida-Martorell (Platform, 1st phase)’ (CCI No 2000.ES.16.C.PT.001); ‘High-speed line Madrid-Zaragoza-Barcelona-French border. Access to Zaragoza’ (CCI No 2000.ES.16.C.PT.003); ‘High-speed line Madrid-Zaragoza-Barcelona-French border. Section Lleida-Martorell. Subsection X-A (Olérdola-Avinyonet del Penedés)’ (CCI No 2001.ES.16.C.PT.007) and ‘New high-speed railway access to Levante. Subsection La Gineta-Albacete (Platform)’ (CCI No 2004.ES.16.C.PT.014).

| — | Order the respondent to bear the costs. |
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Order the respondent to bear the costs.

Pleas in law and main arguments

Pleas in law and main arguments

Error of law with respect to the effects of the period of time referred to in Article H(2) of Annex II to Council Regulation (EC) No 1164/94

   (1)

  of 16 May 1994 establishing a Cohesion Fund
  . After the expiry of the period referred to, the Commission may no longer adopt any financial correction measures and, therefore, it is obliged to make payment and the correction applied is unlawful.

Error of law with respect to the effects of the period of time referred to in Article H(2) of Annex II to Council Regulation (EC) No 1164/94

1

of 16 May 1994 establishing a Cohesion Fund

Error of law in relation to the concept of an award of a contract within the meaning of Council Directive 93/38/EEC

   (2)

  of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors
  . Points (e) and (f) of Article 20(2) of Directive 93/38 do not apply generally to any amendments whatsoever to public contracts agreed during their execution stage, but to substantive amendments only. A substantive amendment such as to constitute a new award of a contract can be regarded as having arisen only when the conditions laid down in the judgment in Pressetext Nachrichtenagentur
   (3) are met.

Error of law in relation to the concept of an award of a contract within the meaning of Council Directive 93/38/EEC

2

of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors

Pressetext Nachrichtenagentur

3

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(1)  OJ 1994 L 130, p. 1.

1

(2)  OJ 1993 L 199, p. 84

2

(3)  Case C-454/06 Pressetext Nachrichtenagentur [2008] ECR I-4401

3

Pressetext Nachrichtenagentur

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