Judgment — ECLI:EU:T:2008:510
Date: 2008-11-19
Language of the case: Greek
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Economic, social and territorial cohesion;Cohesion Fund
Concepts: Application ratione temporis;Principle of proportionality
Procedure: Action for annulment - unfounded
Origin: Greece

Action brought on 9 November 2005 - Hellenic Republic v Commission of the European Communities (Case T-404/05) Language of the case: Greek Parties Applicant: Hellenic Republic (represented by: Nikolaos Korogiannakis and Nikolaos Keramidas, lawyers, assisted by Maria Tassopoulou) Defendant: Commission of the European Communities Form of order sought The applicant claims that the Court should: annul Commission Decision C(2005) 3243 of 1 September 2005 on the reduction of assistance granted by the Cohesion Fund for Project No 95/09/65/040 (New Athens International Airport at Spata) on the basis of Commission Decision C(96) 1356 of 24 May 1996; order the Commission to refund, with interest at the statutory rate, the sum paid by the Hellenic Republic, which corresponds to the reduction in assistance; order the Commission to pay the costs. Pleas in law and main arguments By the contested decision, the Commission sought the reimbursement, as wrongly paid, of the sum of EUR 12 781 410, invoking irregularities with regard to the financial assistance of the Cohesion Fund for the Project 'New Athens International Airport at Spata'. The Hellenic Republic seeks annulment of the decision, submitting that it was not adopted within the time-limit laid down by Article 18(3) of Regulation No 1386/2002 and Article H of Annex II to Regulation No 1164/1994. In the alternative, the Hellenic Republic disputes the Commission's assessment that account was not taken of a sum amounting to EUR 48 000 000 in respect of air navigation equipment. It further submits that, by imposing a correction of 2% for an alleged failure to observe adequately the prescribed publicity measures, the Commission impermissibly applied Decision 455/96 retroactively to the project which, since it preceded that decision, was not subject to it. The Hellenic Republic submits, finally, that the correction in question infringes the principle of proportionality and is unlawful and unjustified. ____________