CELEX: 62013CN0263
Language: en
Date: 2013-05-14 00:00:00
Title: Case C-263/13 P: Appeal brought on 14 May 2013 by the Kingdom of Spain against the judgment of the General Court (Second Chamber) delivered on 26 February 2013 in Joined Cases T-65/10, T-113/10 and T-138/10 Spain v Commission

20.7.2013   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 207/28
            
         Appeal brought on 14 May 2013 by the Kingdom of Spain against the judgment of the General Court (Second Chamber) delivered on 26 February 2013 in Joined Cases T-65/10, T-113/10 and T-138/10 Spain v Commission
   (Case C-263/13 P)
   2013/C 207/45
   Language of the case: Spanish
   
      Parties
   
   
      Appellant: Kingdom of Spain (represented by: A. Rubio González, agent)
   
      Other party to the proceedings: European Commission
   
      Form of order sought
   
   
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               Declare that the present appeal is well founded and set aside the judgment of the General Court of 26 February 2013 in Joined Cases T-65/10, T-113/10 and T-138/10 Spain v Commission;
            
         
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               Annul Commission Decisions C(2009) 9270 of 30 November 2009, C(2009) 10678 of 23 December 2009, and C(2010) 337 of 28 January 2010 reducing the aid from the European Regional Development Fund (ERDF) to Operational Programme ‘Andalucía’, falling within Objective 1 (1994-1999), under Commission Decision C(94) 3456 of 9 December 1994, Operational Programme ‘País Vasco’, falling within Objective 2 (1997-1999), under Commission Decision C(1998) 121 of 5 February 1998, and to Operational Programme ‘Comunidad Valenciana’, falling within Objective 1 (1994-1999), under Commission Decision C(1994) 3043/6 of 25 November 1994, respectively;
            
         
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               Order the respondent to pay the costs.
            
         
      Pleas in law and main arguments
   
   
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                     Error of law in holding Article 24(2) of Regulation 4253/88
                  
                   (1)
                  
                     to be the legal basis for applying financial corrections based on an extrapolation.
                   This provision is not a legal basis for applying financial corrections by extrapolation in the event of systematic irregularities, since this power has not been conferred on the Commission.
            
         
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                     Error of law in the review of the reliability, consistency, relevance and appropriateness of the extrapolation applied by the Commission
                  . The review by the General Court with respect to the representativeness of the sample used for the application of the financial correction by extrapolation was not carried out in accordance with the Tetra Laval
                   (2) case-law.
            
         
      (1)  Council Regulation (EEC) No 4253/88 of 19 December 1988 laying down provisions for implementing Regulation (EEC) No 2052/88 as regards coordination of the activities of the different Structural Funds between themselves and with the operations of the European Investment Bank and other existing financial instruments
   
      OJ 1988 L 374, p. 1
   
   
      (2)  Judgment of 15 February 2005 in Case C-12/03 P Commission v Tetra Laval [2005] ECR I-987, paragraph 39