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Judgment of the General Court (Sixth Chamber) of 13 July 2011.#Hellenic Republic v European Commission.#ERDF - Reduction of financial assistance - Operational programme falling within Objective No 1 (1994-1999), 'Accessibility and Trunk roads' in Greece - Delegation of auxiliary tasks by the Commission to third parties - Rate of financial correction - Commission discretion - Review by the courts.#Case T-81/09.
ECLI:EU:T:2011:366
62009TJ0081
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(Case T-81/09)
ERDF – Reduction of financial assistance – Operational programme falling within Objective No 1 (1994-1999), ‘Accessibility and Trunk roads’ in Greece – Delegation of auxiliary tasks by the Commission to third parties – Rate of financial correction – Commission discretion – Review by the courts
5. Approximation of laws – Public procurement procedures – Conditions and methods of awarding contracts – Modification by the awarding authority during the procedure – Infringement of the principle of equal treatment of tenderers and the duty of transparency (see paras 104-108)
6. Economic and social cohesion – Structural assistance – EU financing – Reduction of financial assistance by reason of irregularities – Determination of the rate of financial correction – Discretion of the Commission – Limits – Judicial review (see para. 142)
Re:
ACTION for annulment of Commission Decision C(2008) 8573 of 15 December 2008 reducing the financial assistance of the European Regional Development Fund (ERDF) granted to Greece, amounting to EUR 30 104 470.47 in respect of the operational programme ‘Accessibility and Trunk Roads’ by Commission Decision C(94) 3579 of 16 December 1994, authorising financial assistance from the ERDF.
Operative part
The Court: