Judgment — ECLI:EU:T:2012:612
Date: 2012-11-21
Language of the case: German
Court formation: Third Chamber
Subject matter: Economic, social and territorial cohesion;European Regional Development Fund (ERDF)
Procedure: Action for annulment - unfounded
Origin: Germany

summary of the pleas in law on which the application is based — Absence — Inadmissibility (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 80) 7. Economic, social and territorial cohesion — Structural assistance — EU financing — Reduction of financial assistance on account of irregularities — Calculation of the amount of the reduction — Criteria — Discretion of the Commission — Limits — Observance of the principle of proportionality (Council Regulation No 4253/88, Art. 24(2)) (see paras 95, 96, 99-101, 106, 107, 128-131, 140) 8. Economic, social and territorial cohesion — Structural assistance — EU financing — Reduction of financial assistance on account of irregularities — Irregularity — Burden of proof — Scope (Council Regulation No 4253/88, Art. 24(2)) (see paras 102-105) 9. Acts of the institutions — Statement of reasons — Obligation — Scope — Commission decision concerning reduction of ERDF financial assistance on account of irregularities (Art. 296, second para., TFEU; Council Regulation No 4253/88, Art. 24) (see paras 146-148) Re: APPLICATION for annulment of Commission Decision C(2008) 1615 final of 29 April 2008 reducing the financial contribution under the European Regional Development Fund (ERDF) initially granted for the Operational Programme falling under Objective 1 (1994-1999) for Berlin (East) in the Federal Republic of Germany. Operative part The Court: 1. Dismisses the action; 2. Orders the Federal Republic of Germany to bear its own costs and pay those incurred by the European Commission; 3. Orders the Kingdom of Spain, the French Republic and the Kingdom of the Netherlands to bear their own costs.