CELEX: 62011CO0497
Language: en
Date: 2012-10-10 00:00:00
Title: Order of the Court (Fifth Chamber) of 10 October 2012. # Hellenic Republic v European Commission. # Appeal - ERDF - Reduction in financing - Objective 1 operational programme (1994 - 1999), 'Accessibility and Trunk Roads' in Greece - Delegation of auxiliary tasks by the Commission to third parties - Professional secrecy - Rate of financial correction - Discretion of the Commission - Judicial review. # Case C-497/11 P.

Order of the Court (Fifth Chamber) of 10 October 2012 — Greece v Commission(Case C-497/11 P)
      Appeal – ERDF – Reduction in financing – Objective 1 operational programme (1994-1999), ‘Accessibility and Trunk Roads’ in Greece – Delegation of auxiliary tasks by the Commission to third parties – Professional secrecy – Rate of financial correction – Discretion of the Commission – Judicial review
      1.                     Appeals – Grounds – Review by the Court of Justice of the assessment of the facts and evidence – Possible only where the clear
            sense of the evidence has been distorted (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first
            para.) (see paras 35, 36)
      2.                     Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the General Court – Inadmissibility (Art. 256(1),
            second para., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 46)
      3.                     Appeals – Grounds – Ground submitted for the first time in the context of the appeal – Manifest inadmissibility (Art. 256(1),
            second para., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 68)
      Re: 
      
         Appeal brought against the judgment of the General Court (Sixth Chamber) of 13 July 2001 in Case T-81/09 
               Greece
                v 
               Commission
               , by which the General Court annulled in part an action for annulment of Commission Decision C (2008) 8573 of 15 December
                  2008 reducing the financial assistance of the European Regional Development Fund (ERDF) initially granted in respect of the
                  Objective 1 operational programme (1994-1999), ‘Accessibility and Trunk Roads’ in Greece.
               
            Operative part 
      
         
                  1.
               
               
                  
               
               
                  	The appeal is dismissed.
               
            
         
                  2.
               
               
                  
               
               
                  	The Hellenic Republic is ordered to pay the costs.