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Order of the Court (Seventh Chamber) of 12 May 2010. # Centre de promotion de l'emploi par la micro-entreprise v European Commission. # Appeal - European Social Fund - Financial assistance - Cancellation. # Case C-350/09 P.
ECLI:EU:C:2010:267
62009CO0350
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(Case C‑350/09 P)
Appeal – European Social Fund – Financial assistance – Cancellation
4. Appeals – Grounds – Plea submitted for the first time in the context of the appeal – Inadmissibility (see para 72)
Re:
Appeal against the judgment of the Court of First Instance (Second Chamber) of 30 June 2009 in Case T–444/07 CPEM v Commission dismissing the appellant’s application for annulment of Commission Decision C(2007) 4645 of 4 October 2007 cancelling the assistance granted by the European Social Fund (ESF) by Decision C(1999) 2645 of 17 August 1999 – Microprojects promoting employment and social cohesion – Infringement of the rights of the defence and the principle of equal treatment – Failure to take into account the concept of ‘co-responsibility’ – Failure to observe the principle of legal certainty as a result of the existence of several different versions of the ‘Promoter’s Guide’ – Doubts as to the applicability of Council Regulation No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 248, p. 1) on which OLAF’s decision was based.
Operative part:
The Court:
1.Dismisses the appeal;
2.Orders the Centre de promotion de l'emploi par la micro-entreprise (CPEM) to pay the costs.