CELEX: 62009TB0097
Language: en
Date: 2017-09-13 00:00:00
Title: Case T-97/09: Order of the General Court of 13 September 2017 — Germany v Commission (Action for annulment — ERDF — Reduction in financial aid — Failure to comply with the time limit for adoption of a decision — Infringement of essential procedural requirements — Action manifestly well founded)

20.11.2017   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 392/26
            
         Order of the General Court of 13 September 2017 — Germany v Commission
   (Case T-97/09) (1)
   
   ((Action for annulment - ERDF - Reduction in financial aid - Failure to comply with the time limit for adoption of a decision - Infringement of essential procedural requirements - Action manifestly well founded))
   (2017/C 392/32)
   Language of the case: German
   
      Parties
   
   
      Applicant: Federal Republic of Germany (represented initially by: M. Lumma, C. Blaschke and T. Henze, and subsequently by: T. Henze and J. Möller, acting as Agents, and C. von Donat, lawyer)
   
      Defendant: European Commission (represented by: B. Conte, A. Steiblytė and B.-R. Killmann, acting as Agents)
   
      Interveners in support of the form of order sought by the applicant: Kingdom of Spain (represented initially by: J. Rodríguez Cárcamo, lawyer, and subsequently by: A. Rubio González, abogado del estado, and finally by: V. Ester Casas, acting as Agent), and Kingdom of the Netherlands (represented initially by: C. Wissels and Y. de Vries, and subsequently by: J. Langer and B. Koopman, acting as Agents)
   
      Re:
   
   Action on the basis of Article 263 TFEU seeking the annulment of Commission Decision C(2008) 8465 final of 19 December 2008 on the reduction of the assistance from the European Regional Development Fund (ERDF) for an operational programme in the Objective 1 region of the Land of Saxony in the Federal Republic of Germany (1994-1999) in accordance with Commission Decision C(94) 1939/4 of 5 August 1994, Commission Decision C(94) 2273/4 of 22 August 1994 and Commission Decision C(94) 1425 of 6 September 1994.
   
      Operative part of the order
   
   
               1.
            
            
               Commission Decision C(2008) 8465 final of 19 December 2008 on the reduction of the assistance from the European Regional Development Fund (ERDF) for an operational programme in the Objective 1 region of the Land of Saxony in the Federal Republic of Germany (1994-1999) in accordance with Commission Decision C(94) 1939/4 of 5 August 1994, Commission Decision C(94) 2273/4 of 22 August 1994 and Commission Decision C(94) 1425 of 6 September 1994 is annulled.
            
         
               2.
            
            
               The European Commission shall bear its own costs and pay the costs incurred by the Federal Republic of Germany.
            
         
               3.
            
            
               The Kingdom of Spain and the Kingdom of the Netherlands shall bear their own costs.
            
         
      (1)  OJ C 129, 6.6.2009.