Judgment of the General Court (Ninth Chamber) of 15 July 2015 —

Portugal v Commission

(Case T‑314/13)

‛Cohesion Fund — Development of port infrastructures of the Autonomous Region of Madeira (Port of Caniçal) — Reduction of financial assistance — Non-compliance with the time-limit for adopting a decision — Infringement of essential procedural requirements’

1. Actions for annulment — Grounds — Infringement of essential procedural requirements — Non-compliance with a time-limit imposed by the EU legislature — To be considered of the Court’s own motion (Art. 263 TFEU) (see para. 30)

2. Economic, social and territorial cohesion — Structural assistance — EU financing — Suspension or reduction of financial assistance following irregularities — Time-limit for adoption of the Commission’s decision — Point from which time starts to run (Council Regulation No 1083/2006, Arts 100(5), and 108, second para.) (see paras 31-33)

3. Economic, social and territorial cohesion — Structural assistance — EU financing — Regulation No 1083/2006 — Financial corrections — Time-limit for adoption of the Commission’s decision — Not possible to adopt after expiry of the time-limit (Council Regulation No 1164/94, Annex II, Art. H(2), as amended by Regulations No 1264/1999 and No 1265/1999; Commission Regulation No 1386/2002, Art. 18(3)) (see para. 39)

Re:

APPLICATION for annulment of Articles 1 and 2 of Commission Decision C(2013) 1870 final of 27 March 2013 reducing the contribution from the Cohesion Fund to the Portuguese Republic for the project ‘Development of port infrastructures of the Autonomous Region of Madeira — Port of Caniçal’, Madeira (Portugal).

Operative part

The Court:

1. Annuls Commission Decision C(2013) 1870 final of 27 March 2013 reducing the contribution from the Cohesion Fund to the Portuguese Republic for the project ‘Development of port infrastructures of the Autonomous Region of Madeira — Port of Caniçal’, Madeira (Portugal);

2. Orders the European Commission to pay the costs.

Judgment of the General Court (Ninth Chamber) of 15 July 2015 —

Portugal v Commission

(Case T‑314/13)

‛Cohesion Fund — Development of port infrastructures of the Autonomous Region of Madeira (Port of Caniçal) — Reduction of financial assistance — Non-compliance with the time-limit for adopting a decision — Infringement of essential procedural requirements’

1. Actions for annulment — Grounds — Infringement of essential procedural requirements — Non-compliance with a time-limit imposed by the EU legislature — To be considered of the Court’s own motion (Art. 263 TFEU) (see para. 30)

2. Economic, social and territorial cohesion — Structural assistance — EU financing — Suspension or reduction of financial assistance following irregularities — Time-limit for adoption of the Commission’s decision — Point from which time starts to run (Council Regulation No 1083/2006, Arts 100(5), and 108, second para.) (see paras 31-33)

3. Economic, social and territorial cohesion — Structural assistance — EU financing — Regulation No 1083/2006 — Financial corrections — Time-limit for adoption of the Commission’s decision — Not possible to adopt after expiry of the time-limit (Council Regulation No 1164/94, Annex II, Art. H(2), as amended by Regulations No 1264/1999 and No 1265/1999; Commission Regulation No 1386/2002, Art. 18(3)) (see para. 39)

Re:

APPLICATION for annulment of Articles 1 and 2 of Commission Decision C(2013) 1870 final of 27 March 2013 reducing the contribution from the Cohesion Fund to the Portuguese Republic for the project ‘Development of port infrastructures of the Autonomous Region of Madeira — Port of Caniçal’, Madeira (Portugal).

Operative part

The Court:

1. Annuls Commission Decision C(2013) 1870 final of 27 March 2013 reducing the contribution from the Cohesion Fund to the Portuguese Republic for the project ‘Development of port infrastructures of the Autonomous Region of Madeira — Port of Caniçal’, Madeira (Portugal);