CELEX: 62010TJ0111
Language: en
Date: 2012-03-29 00:00:00
Title: Judgment of the General Court (Sixth Chamber) of 29 March 2012. # Portuguese Republic v European Commission. # ERDF - Reduction of financial assistance - Operational Programme seeking modernisation of the economic fabric in Portugal - Absence of precise and verifiable binding objectives - Legitimate expectations. # Case T-111/10.

Judgment of the General Court (Sixth Chamber) of 29 March 2012 — Portugal v Commission
      (Case T-111/10)
      ERDF — Reduction of financial assistance — Operational Programme seeking modernisation of the economic fabric in Portugal — Absence of precise and verifiable binding objectives — Legitimate expectations
      1.                     Economic and social cohesion — Structural assistance — Union financing — Condition — Pursuit of a tangible objective within
            the framework of social cohesion policy (Council Regulations No 2052/88, Arts 6 to 8, and No 4253/88, Arts 8, 14, 15 and 24
            to 26) (see paras 27-32)
      2.                     Economic and social cohesion — Structural assistance — Union financing — Duty of Member States regularly to review projects
            financed — Decision to reduce aid for lack of evidence that expenses eligible — No infringement of the defence rights (Council
            Regulation No 4253/88, art. 23) (see para. 36)
      3.                     Economic and social cohesion — Structural assistance — Commission decision — Assessment of legality by reference to information
            available at the time of adoption of the decision (see para. 41)
      4.                     Economic and social cohesion — Structural assistance — Union financing — Decision to reduce aid originally granted — Irregularities
            not having been objected to by the Commission — Breach of principle of the protection of legitimate expectation — Conditions
            (see paras 45-48)
      Re:
      
         
               APPLICATION for annulment of Commission Decision C(2009) 10624 of 21 December 2009 reducing the assistance of the European
                  Regional Development Fund (ERDF) granted to Portugal in respect of the Operational Programme ‘Modernisation of the economic
                  fabric’, CCI: 1994 PT 16 1 PO 004 (ex ERDF ref. 94.12.09.004) by Commission Decision C(94)464/3 of 4 March 1994 authorising
                  financial assistance from the ERDF.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Portuguese Republic to pay the costs.