CELEX: 62009CO0043
Language: en
Date: 2010-01-22 00:00:00
Title: Order of the Court (Seventh Chamber) of 22 January 2010. # Hellenic Republic v European Commission. # Appeal - Commission decision reducing the financial assistance initially granted by the Cohesion Fund for the project for the new Athens International Airport at Spata - Action for annulment - Principles of non-retroactivity, legal certainty and proportionality - Appeal manifestly inadmissible in part and manifestly unfounded in part. # Case C-43/09 P.

Order of the Court (Seventh Chamber) of 22 January 2010 – Greece v Commission
      (Case C-43/09 P)
      Appeal – Commission decision reducing the financial assistance initially granted by the Cohesion Fund for the project for the new
         Athens International Airport at Spata – Action for annulment – Principles of non-retroactivity, legal certainty and proportionality – Appeal manifestly inadmissible in part and manifestly unfounded in part
      
      1.                     Community law – Interpretation – Acts of the institutions (Council Regulation No 1164/94; Commission Regulation No 1386/2002,
            Art. 1) (see paras 33, 35)
      2.                     Acts of the institutions – Temporal application – Immediate application of the new rule to the future effects of a situation
            arising when the old rule was in force (see paras 47-54)
      3.                     Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Error of law
            relied on not identified – Inadmissibility (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure
            of the Court of Justice, Art. 112(1), first para., (c)) (see paras 61-63)
      Re:
      
         Appeal brought against the judgment of the Court of First Instance (Eighth Chamber) in Case T-404/05 
               Greece
                v 
               Commission
               , by which the Court dismissed an action seeking annulment of Commission Decision C(2005) 3243 of 1 September 2005 reducing
                  the financial assistance initially granted by the Cohesion Fund for Project No 95/09/65/040, concerning the new Athens International
                  airport at Spata.
               
            Operative part
      
         
                  1.
               
               
                  
               
               
                  	The appeal is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	The Hellenic Republic is ordered to pay the costs.