Judgment of the Court of First Instance (Eighth Chamber) of 19 November 2008 – Greece v Commission

(Case T-404/05)

Cohesion Fund – Athens International Airport – Reduction of financial assistance – Principle of proportionality

1.                     Acts of the institutions – Temporal application – Immediate application of the new rule (see para. 77)

2.                     Community law – Principles – Proportionality – Reduction of financial assistance where essential obligations infringed – Lawfulness (see para. 89)

Re:

APPLICATION for annulment of Commission Decision C(2005) 3243 final of 1 September 2005 reducing the financial assistance granted under the Cohesion Fund for Project No 95/09/65/040 (new Athens International Airport at Spata) by Commission Decision C(96) 1356 final of 24 May 1996.

Operative part

The Court:

1.

Dismisses the action;

2.

Orders the Hellenic Republic to pay the costs.