16.11.2013

Official Journal of the European Union

C 336/11

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(Case C-513/13 P)

2013/C 336/24

Language of the case: Spanish

Parties

Appellant: Kingdom of Spain (represented by: A. Rubio González, acting as Agent)

Other party to the proceedings: European Commission

Form of order sought

—Declare that the present appeal is well founded and set aside the judgment of the General Court of 11 July 2013 in Case T-358/08 Kingdom of Spain v European Commission;

—Annul Commission Decision No C(2008) 3249 of 25 June 2008 concerning the reduction of the assistance granted under the Cohesion Fund to Project No 96/11/61/018 — ‘Saneamiento de Zaragoza’ by Commission Decision No C(96) 2095 of 26 July 1996;

—Order the respondent to pay the costs.

Pleas in law and main arguments

1.Error of law with respect to the effects of the period referred to in Article H(2) of Annex II to Council Regulation (EC) No 1164/94 of 16 May 1994 establishing a Cohesion Fund. After the expiry of the period referred to, the Commission may no longer adopt any financial correction measures and, therefore, it is obliged to make payment and the correction applied is unlawful.

2.Error of law in relation to the concept of ‘work’, in holding that the whole of a network constitutes a single work within the meaning of Article 1(c) of Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts. The judgment under appeal departs from the case-law in Case C-16/98 Commission v France [2000] ECR I-8315 in failing to take account of the need for geographical continuity of the works taken as a whole and for interdependence between them, namely, the need for interconnection for the provision of the service.

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Language of the case: Spanish.

(1) OJ L 130, 25.5.1994, p. 1.

(2) OJ L 199, 9.8.1993, p. 54.

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