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Case T-358/08: Judgment of the General Court of 11 July 2013 — Spain v Commission (Cohesion Fund — Regulation (EC) No 1164/94 — Project for the drainage of Saragossa — Partial cancellation of financial assistance — Public procurement — Concept of work — Article 14(10) and (13) of Directive 93/38/EEC — Splitting of contracts — Legitimate expectations — Obligation to state reasons — Time-limit for the adoption of a decision — Determination of financial corrections — Article H(2) of Annex II to Regulation No 1164/94 — Proportionality — Limitation)

ECLI:EU:UNKNOWN:62008TA0358

62008TA0358

July 11, 2013
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31.8.2013

Official Journal of the European Union

C 252/29

(Case T-358/08) (<span class="super">1</span>)

(Cohesion Fund - Regulation (EC) No 1164/94 - Project for the drainage of Saragossa - Partial cancellation of financial assistance - Public procurement - Concept of work - Article 14(10) and (13) of Directive 93/38/EEC - Splitting of contracts - Legitimate expectations - Obligation to state reasons - Time-limit for the adoption of a decision - Determination of financial corrections - Article H(2) of Annex II to Regulation No 1164/94 - Proportionality - Limitation)

2013/C 252/45

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: initially J. Rodríguez Cárcamo and subsequently A. Rubio González, lawyers)

Defendant: European Commission (represented by: G. Valero Jordana and A. Steiblytė, acting as Agents)

Re:

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

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders the Kingdom of Spain to pay the costs.

(<span class="super">1</span>) OJ C 272, 25.10.2008.

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