Order — ECLI:EU:T:2017:622
Date: 2017-09-13
Language of the case: Dutch
Court formation: Fifth Chamber
Subject matter: Economic, social and territorial cohesion;European Regional Development Fund (ERDF)
Procedure: Action for annulment - successful
Origin: Netherlands

Summary – Order of the General Court (Fifth Chamber), 13 September 2017 1. Actions for annulment – Pleas in law – Infringement of essential procedural requirements – To be considered of the Court's own motion – Condition – Compliance with the principle that the parties should be heard (Art. 263 TFEU) 2. Economic, social and territorial cohesion – Structural assistance – European Union funding – Regulation No 1083/2006 – Financial corrections – Period prescribed for the adoption of the Commission’s decision – Applicability to the programmes implemented before 2007 (Council Regulation No 1083/2006, Art. 100) 1. See the text of the decision. (see paras 64, 65) 2. As regards the periods for the Commission to comply with before deciding on a financial correction regarding the clearance of the ERDF’s accounts, Article 100 of Regulation No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund also applies to programmes before the 2007-2013 period, in keeping with the principle that rules of procedure apply immediately after their entry into force. The Commission must therefore, for the purposes of the adoption of a decision to reduce a programme implemented before 1 January 2007, comply with the six-month time limit laid down in Article 100(5) of Regulation No 1083/2006. (see paras 72, 75)