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Case C-115/12 P: Judgment of the Court (Fourth Chamber) of 26 September 2013 — French Republic v European Commission (Appeal — European Regional Development Fund (ERDF) — Community structural assistance in the region of Martinique — Reduction of financial assistance — Public works contracts — Compliance of operations with provisions of European Union law — Coordination of procedures for the award of public works contracts — Directive 93/37/EEC — Article 2 — Concept of ‘direct subsidy’ — Concept of ‘facilities intended for sports, recreation and leisure’ )

ECLI:EU:UNKNOWN:62012CA0115

62012CA0115

September 26, 2013
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23.11.2013

Official Journal of the European Union

C 344/24

(Case C-115/12 P) (<span class="super">1</span>)

(Appeal - European Regional Development Fund (ERDF) - Community structural assistance in the region of Martinique - Reduction of financial assistance - Public works contracts - Compliance of operations with provisions of European Union law - Coordination of procedures for the award of public works contracts - Directive 93/37/EEC - Article 2 - Concept of ‘direct subsidy’ - Concept of ‘facilities intended for sports, recreation and leisure’)

2013/C 344/39

Language of the case: French

Parties

Appellant: French Republic (represented by: E. Belliard and N. Rouam, Agents)

Other party to the proceedings: European Commission (represented by: F. Dintilhac and A. Steiblytė, Agents)

Re:

Appeal brought against the judgment of the General Court (Seventh Chamber) of 16 December 2011 in Case T-488/10 France v Commission, by which that Court dismissed the action for annulment of Commission Decision C(2010) 5229 of 28 July 2010 concerning the cancellation of part of the contribution of the European Regional Development Fund (ERDF) under the single programming document in respect of objective 1 for Community structural assistance in the French region of Martinique — Coordination of procedures for the award of public works contracts — Concept of ‘direct subsidy’ — Concept of ‘facilities intended for sports, recreation and leisure’ — Errors of law — Failure to state reasons

Operative part of the judgment

The Court:

1.Dismisses the appeal;

2.Orders the French Republic to pay the costs.

(<span class="super">1</span>) OJ C 138, 12.5.2012.

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