28.4.2012

EN

Official Journal of the European Union

C 126/24

(Case T-111/12)

2012/C 126/46

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: A. Rubio González)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—Annul Commission Decision C(2011) 9990 of 22 December 2011 reducing the assistance from the Cohesion Fund granted to the following projects: ‘Management of waste by the Autonomous Community of Extremadura — 2001’ (CCI No 2001.ES.16.C.PE.043); ‘Drainage and water supply in the Douro river basin — 2001’ (CCI No 2000.ES.16.C.PE.070); ‘Management of Waste by the Autonomous Community of Valencia — 2011 — Group II’ (CCI No 2001.ES.16.C.PE.026); and ‘Waste-water disposal and treatment in Bierzo Bajo’ (CCI No. 2000.ES.16.C.PE.036);

—order the European Commission to pay the costs.

Pleas in law and main arguments

In support of its action, the applicant relies on pleas in law essentially identical to those already raised in Case T-109/12 Spain v Commission.

The applicant alleges, in particular, a failure to state reasons with regard to the application of the principle of proportionality under Article H.2 of Annex II of Council Regulation (EC) No 1164/94 of 16 May 1994 establishing a Cohesion Fund (OJ 1994 L 130 p. 1), since the Commission simply referred to the document ‘Guidelines for determining financial corrections to [be made to expenditure cofinanced by the structural funds or the cohesion fund for non-compliance with the rules on] public procurement’ — presented to the Member States at the Coordination Committee of the Funds of 28 November 2007 — even though that document does not analyse the reasons which could justify setting the flat-rate correction percentages set out therein.