Case C-246/11 P: Appeal brought on 23 May 2011 by the Portuguese Republic against the judgment delivered by the General Court (Eighth Chamber) on 3 March 2011 in Case T-387/07 Portugal v Commission
Date: 2011-05-23
Institutions: Court of Justice
Subjects: European Commission, European Regional Development Fund, Portugal, action for annulment (EU), aid system








C_2011219EN.01001101.xml










23.7.2011   


EN


Official Journal of the European Union


C 219/11





Appeal brought on 23 May 2011 by the Portuguese Republic against the judgment delivered by the General Court (Eighth Chamber) on 3 March 2011 in Case T-387/07 Portugal v Commission
(Case C-246/11 P)
2011/C 219/14
Language of the case: Portuguese

Parties


Appellant: Portuguese Republic (represented by: L. Inez Fernandes, S. Rodrigues and A. Gattini, agents)

Other party to the proceedings: European Commission

Form of order sought

The Portuguese Republic claims that the Court should:






—


Set aside the judgment of the General Court of the European Union in Case T-387/07 and, as a consequence:










—


refer the case back to the General Court of the European Union to adjudicate on the application for annulment of Article 1 of Decision C(2007) 3772 of 31 July 2007, (1) pursuant to Article 263 of the Treaty on the Functioning of the European Union, in accordance with the form of order sought at first instance;










—


order the Commission to pay the costs of the appeal proceedings and the proceedings at first instance;




or, in the alternative, in accordance with Article 61 of the Statute of the Court of Justice and Article 113 of the Rules of Procedure of the Court of Justice, the Court of Justice is asked to set aside the judgment of the General Court in Case T-387/07 and give final judgment in the case, granting the form of order sought by the Portuguese Republic at first instance and, thereby






—


annul Article 1 of Decision C(2007) 3772, pursuant to Article 263 of the Treaty on the Functioning of the European Union, in accordance with the form of order sought at first instance; and










—


order the Commission to pay the costs of the appeal proceedings and the proceedings at first instance.





Pleas in law and main arguments

Decision C(2007) 3772 is of direct concern to the Portuguese Republic. The reasons given for the decision infringe the principles of legality, proportionality, legitimate expectations and legal certainty, since the SGAIA [global grant for local development] decision was implemented in accordance with the legal framework applicable to it, as is apparent from the agreement concluded between the European Commission (EC) and the Caixa Geral de Depósitos (CGD).
Accordingly, the Portuguese Republic brings the present appeal on grounds of infringement of European Union law for the following reasons:






1.


failure to state grounds or incorrect grounds;










2.


the expenditure was implemented in a regular manner; infringement of Article 21(1) of Regulation (EEC) No 4253/88 (2) and the agreement.






(1)  Commission Decision C(20027) 3772 of 31 July 2007 reducing the financial assistance granted by the European Regional Development Fund (ERDF) towards the global grant for local development in Portugal pursuant to Commission Decision C(95) 1769 of 28 July 1995.

(2)  Council Regulation (EEC) No 4253/88 of 19 December 1988, laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and the other existing financial instruments (OJ 1988 L 374, p. 1).