Judgment of the General Court (Sixth Chamber) of 13 July 2011 – Greece v Commission

(Case T-81/09)

ERDF – Reduction of financial assistance – Operational programme falling within Objective No 1 (1994-1999), ‘Accessibility and Trunk roads’ in Greece – Delegation of auxiliary tasks by the Commission to third parties – Rate of financial correction – Commission discretion – Review by the courts

1. Economic and social cohesion – Structural assistance – EU financing – Commission’s powers of monitoring and spot checks – Possibility of the Commission using private bodies to carry out that supervision – Limits (Council Regulations No 4253/88 and No 1605/2002, Arts 54 and 57; Commission Regulation No 2064/97, Art. 12) (see paras 25-26, 31)

2. Act of the institutions – Statement of reasons – Obligation – Scope – Commission decision ordering partial repayment of financial assistance – Reference to an audit report sent to the beneficiary (Art. 253 EC) (see paras 41-42)

3. Economic and social cohesion – Structural assistance – EU financing – In-depth monitoring by the national authorities of compliance with the financial obligations of aid beneficiaries – Declaration on the regularity of expenses drawn up by a service independent of the implementing service – Declaration constituting a reliable and central proof – Obligation on the Commission to carry out a new enquiry – None (Council Regulation No 4253/88, Arts 23 and 24(2); Commission Regulation No 2064/97, Art. 8) (see paras 58-59)

4. Economic and social cohesion – Structural assistance – EU financing – Payment of financial assistance – Condition – Compliance with the obligations on the beneficiary of assistance – Obligation on the Commission to review EU contribution where some obligations of the beneficiary not complied with – Scope and limits (Council Regulation No 4253/88, Arts 23 and 24; Commission Regulation No 2064/97) (see paras 63-64, 68, 96)

5. Approximation of laws – Public procurement procedures – Conditions and methods of awarding contracts – Modification by the awarding authority during the procedure – Infringement of the principle of equal treatment of tenderers and the duty of transparency (see paras 104-108)

6. Economic and social cohesion – Structural assistance – EU financing – Reduction of financial assistance by reason of irregularities – Determination of the rate of financial correction – Discretion of the Commission – Limits – Judicial review (see para. 142)

Re:

ACTION for annulment of Commission Decision C(2008) 8573 of 15 December 2008 reducing the financial assistance of the European Regional Development Fund (ERDF) granted to Greece, amounting to EUR 30 104 470.47 in respect of the operational programme ‘Accessibility and Trunk Roads’ by Commission Decision C(94) 3579 of 16 December 1994, authorising financial assistance from the ERDF.

Operative part

The Court:

1. Annuls Commission Decision C(2008) 8573 of 15 December 2008 reducing the financial assistance of the European Regional Development Fund (ERDF) granted to Greece in so far as it provides, first, a correction amounting to EUR 506 303 in respect of the project ‘Isthmos – Galota’ and, second, a correction amounting to EUR 684 343 in respect of the project ‘Polymylos crossroads’ (contract 928)’;

2. Dismisses the action as to the remainder;

3. Orders the Hellenic Republic to bear its own costs and 80% of the costs incurred by the European Commission;