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Case T-387/07: Action brought on 11 October 2007 — Portuguese Republic v Commission
ECLI:EU:UNKNOWN:62007TN0387
62007TN0387
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Official Journal of the European Union
C 297/44
(Case T-387/07)
(2007/C 297/90)
Language of the case: Portuguese
Parties
Applicant: Portuguese Republic (Lisbon, Portugal) (represented by: L. Inês Fernandes, S. Rodrigues and A. Gattini, Agents)
Defendant: Commission of the European Communities
Form of order sought
—annulment of Article 1 of Commission Decision C(2007) 3772 of 31 July 2007 reducing the assistance granted by the European Regional Development Fund for the global grant ‘SGAIA’ (global grant for local development) pursuant to Decision C(95) 1769 of the European Commission of 28 July 1995;
—an order that the Commission of the European Communities should pay the costs.
Pleas in law and main arguments
Lack of clarity in the statement of reasons. With the expression ‘as shown above’, the defendant makes a generic reference to the analysis summarily carried out and reconstructed in the contested decision. In Chapter 6, ‘Conclusions’, the defendant does not clearly identify what are the laws or provisions infringed by the Portuguese Republic.
Non-existence of the irregularity detected and infringement of the terms of the agreement concluded by the Commission and the Caixa Geral de Depósitos on 15 November 1995 by the Commission in the contested decision. The irregularity referred to by the Commission in the contested decision is groundless, for no account has been taken of Articles 5 and 6 of the Agreement, which allow the remaining future payments to be put back to 31 December 2001.