CELEX: 62015CN0139
Language: en
Date: 2015-03-24 00:00:00
Title: Case C-139/15 P: Appeal brought on 24 March 2015 by the European Commission against the judgment of the General Court (Third Chamber) delivered on 20 January 2015 in Case T-109/12 Kingdom of Spain v Commission

11.5.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 155/18
            
         Appeal brought on 24 March 2015 by the European Commission against the judgment of the General Court (Third Chamber) delivered on 20 January 2015 in Case T-109/12 Kingdom of Spain v Commission
   (Case C-139/15 P)
   (2015/C 155/20)
   Language of the case: Spanish
   
      Parties
   
   
      Appellant: European Commission (represented by: D. Recchia and S. Pardo Quintillán, acting as Agents)
   
      Other party to the proceedings: Kingdom of Spain
   
      Form of order sought
   
   The Commission claims that the Court should:
   
               —
            
            
               set aside the judgment of the General Court of 20 January 2015 in Case T-109/12 Spain v Commission;
            
         
               —
            
            
               refer the case back to the General Court for determination, and
            
         
               —
            
            
               order the Kingdom of Spain to pay the costs.
            
         
      Grounds of appeal and main arguments
   
   The appeal brought by the Commission concerns the judgment of the General Court of 20 January 2015 in Case T-109/12. By its judgment, the General Court annulled Commission Decision C(2011) 9992 of 22 December 2011 reducing the assistance from the Cohesion Fund granted to certain projects.
   The Commission relies on two grounds of appeal. Primarily, the Commission submits that the General Court committed an error of law in holding that the Commission had to adopt the decision on financial corrections within a period determined on the basis of the basic legislative act in force at the date of the hearing between the Commission and the Member State. In the alternative, the Commission submits that the General Court committed an error of law in holding that that the period imposed on the Commission for the adoption of the decision on financial corrections is a mandatory period, disregard for which constitutes infringement of an essential procedural requirement which invalidates a decision adopted outside that period.