CELEX: 62007TA0003
Language: en
Date: 2013-09-16 00:00:00
Title: Case T-3/07: Judgment of the General Court of 16 September 2013 — Spain v Commission (Cohesion fund — Regulation (EC) No 1164/94 — Environmental infrastructure projects under way in the territory of Andalucia (Spain) — Partial withdrawal of financial assistance — Public works and services contracts — Award criteria — Publicity — Eligibility of expenditure — Determination of the financial corrections — Article H(2) of Annex II of Regulation (EC) No 1164/94 — Proportionality)

9.11.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 325/20
            
         Judgment of the General Court of 16 September 2013 — Spain v Commission
   (Case T-3/07) (1)
   
   (Cohesion fund - Regulation (EC) No 1164/94 - Environmental infrastructure projects under way in the territory of Andalucia (Spain) - Partial withdrawal of financial assistance - Public works and services contracts - Award criteria - Publicity - Eligibility of expenditure - Determination of the financial corrections - Article H(2) of Annex II of Regulation (EC) No 1164/94 - Proportionality)
   2013/C 325/32
   Language of the case: Spanish
   
      Parties
   
   
      Applicant: Kingdom of Spain (represented: initially by J.M. Rodríguez Cárcamo, then A. Rubio González, lawyers in the State legal service)
   
      Defendant: European Commission (represented: initially by A. Steiblytė and L. Escobar Guerrero, Agents, and by M. Canal Fontcuberta, lawyer, then A. Steiblytė and S. Pardo Quintillán, Agents)
   
      Re:
   
   Application for annulment of Commission Decision C(2006) 5103 of 20 October 2006 reducing the financial assistance from the Cohesion Fund for five projects being undertaken in the Autonomous Community of Andalucia (Spain).
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Annuls Articles 2 to 6 Commission Decision C(2006) 5103 of 20 October 2006 reducing the financial assistance from the Cohesion Fund for five projects being undertaken in the Autonomous Community of Andalucia (Spain) in so far as they include an amount of EUR 476 460 by way of financial corrections concerning the projects bearing the references 2000.ES.16.C.PE.004, 2000.ES.16.C.PE.025, 2000.ES.16.C.PE.066 et 2000.ES.16.C.PE.0138;
            
         
               2.
            
            
               Dismisses the remainder of the application;
            
         
               3.
            
            
               Orders the Kingdom of Spain and the European Commission to bear their own costs.
            
         
      (1)  OJ C 56, 10.3.2007.