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Document 62009CO0043

    Order of the Court (Seventh Chamber) of 22 January 2010.
    Hellenic Republic v European Commission.
    Appeal - Commission decision reducing the financial assistance initially granted by the Cohesion Fund for the project for the new Athens International Airport at Spata - Action for annulment - Principles of non-retroactivity, legal certainty and proportionality - Appeal manifestly inadmissible in part and manifestly unfounded in part.
    Case C-43/09 P.

    European Court Reports 2010 I-00009*

    ECLI identifier: ECLI:EU:C:2010:36





    Order of the Court (Seventh Chamber) of 22 January 2010 – Greece v Commission

    (Case C-43/09 P)

    Appeal – Commission decision reducing the financial assistance initially granted by the Cohesion Fund for the project for the new Athens International Airport at Spata – Action for annulment – Principles of non-retroactivity, legal certainty and proportionality – Appeal manifestly inadmissible in part and manifestly unfounded in part

    1.                     Community law – Interpretation – Acts of the institutions (Council Regulation No 1164/94; Commission Regulation No 1386/2002, Art. 1) (see paras 33, 35)

    2.                     Acts of the institutions – Temporal application – Immediate application of the new rule to the future effects of a situation arising when the old rule was in force (see paras 47-54)

    3.                     Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Error of law relied on not identified – Inadmissibility (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1), first para., (c)) (see paras 61-63)

    Re:

    Appeal brought against the judgment of the Court of First Instance (Eighth Chamber) in Case T-404/05 Greece v Commission , by which the Court dismissed an action seeking annulment of Commission Decision C(2005) 3243 of 1 September 2005 reducing the financial assistance initially granted by the Cohesion Fund for Project No 95/09/65/040, concerning the new Athens International airport at Spata.

    Operative part

    1.

    The appeal is dismissed.

    2.

    The Hellenic Republic is ordered to pay the costs.

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