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(Case C-263/13 P) (*)
((Appeals - European Regional Development Fund (ERDF) - Reduction of financial assistance - Method of calculation by extrapolation - Procedure of adoption of the decision by the European Commission - Failure to comply with the time-limit laid down - Consequences))
(2015/C 279/03)
Language of the case: Spanish
Appellant: Kingdom of Spain (represented by: A. Rubio González, acting as Agent)
Other party to the proceedings: European Commission (represented by: J. Baquero Cruz and A. Steiblytė, Agents)
The Court:
1)Sets aside the judgment of the General Court of the European Union in Spain v Commission (T-65/10, T-113/10 and T-138/10, EU:T:2013:93);
2)Annuls Commission Decisions C(2009) 9270 of 30 November 2009, C(2009) 10678 of 23 December 2009 and C(2010) 337 of 28 January 2010 reducing the assistance from the European Regional Development Fund (ERDF) granted respectively under the operational programme ‘Andalusia’ falling within Objective 1 (1994-1999) pursuant to Commission Decision C(94) 3456 of 9 December 1994, the operational programme ‘Basque Country’ falling within Objective 2 (1997-1999) pursuant to Commission Decision C(1998) 121 of 5 February 1998, and the operational programme ‘Comunidad Valenciana’ falling within Objective 1 (1994-1999) pursuant to Commission Decision C(1994) 3043/6 of 25 November 1994;
3)Orders the European Commission to pay the costs incurred by the Kingdom of Spain and to bear its own costs, both in the proceedings at first instance and on appeal.
(*)
OJ C 207, 20.7.2013.