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.

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.