Order of the Court (Fifth Chamber) of 10 October 2012 — Greece v Commission(Case C-497/11 P)
Appeal – ERDF – Reduction in financing – Objective 1 operational programme (1994-1999), ‘Accessibility and Trunk Roads’ in Greece – Delegation of auxiliary tasks by the Commission to third parties – Professional secrecy – Rate of financial correction – Discretion of the Commission – Judicial review
1.                     Appeals – Grounds – Review by the Court of Justice of the assessment of the facts and evidence – Possible only where the clear
sense of the evidence has been distorted (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first
para.) (see paras 35, 36)
2.                     Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the General Court – Inadmissibility (Art. 256(1),
second para., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 46)
3.                     Appeals – Grounds – Ground submitted for the first time in the context of the appeal – Manifest inadmissibility (Art. 256(1),
second para., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 68)
Re:
Appeal brought against the judgment of the General Court (Sixth Chamber) of 13 July 2001 in Case T-81/09
Greece
v
Commission
, by which the General Court annulled in part an action for annulment of Commission Decision C (2008) 8573 of 15 December
2008 reducing the financial assistance of the European Regional Development Fund (ERDF) initially granted in respect of the
Objective 1 operational programme (1994-1999), ‘Accessibility and Trunk Roads’ in Greece.
Operative part
1.
The appeal is dismissed.
2.
The Hellenic Republic is ordered to pay the costs.