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Case T-114/10: Order of the General Court of 13 September 2017 — Germany v Commission (Action for annulment — ERDF — Reduction in financial aid — Programme Interreg II/C programme ‘Rhine-Meuse flood’ — Failure to comply with the time limit for adoption of a decision — Infringement of essential procedural requirements — Action manifestly well founded)
ECLI:EU:UNKNOWN:62010TB0114
62010TB0114
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Official Journal of the European Union
C 392/28
(Case T-114/10) (<span class="super note-tag">1</span>)
((Action for annulment - ERDF - Reduction in financial aid - Programme Interreg II/C programme ‘Rhine-Meuse flood’ - Failure to comply with the time limit for adoption of a decision - Infringement of essential procedural requirements - Action manifestly well founded))
(2017/C 392/35)
Language of the case: German
Parties
Applicant: Federal Republic of Germany (represented initially by: J. Möller and C. Blaschke, and subsequently by: J. Möller and T. Henze, acting as Agents, and U. Karpenstein, lawyer)
Defendant: European Commission (represented by: B.-R. Killmann, B. Conte and A. Steiblytė, acting as Agents)
Interveners in support of the form of order sought by the applicant: French Republic (represented initially by: G. de Bergues and B. Messmer, and subsequently by: D. Colas and J. Bousin, acting as Agents), and Kingdom of the Netherlands (represented initially by: C. Wissels and M. Noort, and subsequently by: M. Bulterman and B. Koopman, acting as Agents)
Re:
Action on the basis of Article 263 TFEU seeking the annulment of Commission Decision C(2009) 10712 of 23 December 2009 on the reduction in the financial aid granted to the Rhine-Meuse flood protection programme under Community initiative programme Interreg II/C in the Kingdom of Belgium, the Federal Republic of Germany, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands by the European Regional Development Fund (ERDF) pursuant to Commission Decision C(97)3742 of 18 December 1997 (ERDF No 970010008).
Operative part of the order
1.Commission Decision C(2009) 10712 of 23 December 2009 on the reduction in the financial aid granted to the Rhine-Meuse flood protection programme under Community initiative programme Interreg II/C in the Kingdom of Belgium, the Federal Republic of Germany, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands by the European Regional Development Fund (ERDF) pursuant to Commission Decision C(97)3742 of 18 December 1997 (ERDF No 970010008) is annulled insofar as it concerns the Federal Republic of Germany.
2.The European Commission shall bear its own costs and pay the costs incurred by the Federal Republic of Germany.
3.The French Republic and the Kingdom of the Netherlands shall bear their own costs.
(<span class="note">1</span>) OJ C 134, 22.5.2010.