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Document 62009TN0256
Case T-256/09: Action brought on 2 July 2009 — AECOPS v Commission
Case T-256/09: Action brought on 2 July 2009 — AECOPS v Commission
Case T-256/09: Action brought on 2 July 2009 — AECOPS v Commission
IO C 220, 12.9.2009, p. 33–34
(BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
- Date of document:
- 02/07/2009
- Author:
- Cúirt Chéadchéime
- Form:
- Faisnéis bhreithiúnach
- Authentic language:
- Portaingéilis
|
12.9.2009 |
EN |
Official Journal of the European Union |
C 220/33 |
Action brought on 2 July 2009 — AECOPS v Commission
(Case T-256/09)
2009/C 220/71
Language of the case: Portuguese
Parties
Applicant: Associação de Empresas de Construção, Obras Públicas e Serviços (Aecops) (Lisbon, Portugal) (represented by: J.L. da Cruz Vilaça and L. Pinto Monteiro, lawyers)
Defendant: Commission of the European Communities
Form of order sought
|
— |
Annul the decision of the Commission of the European Communities of 21 June 2005 in respect of File 89 0771 P1, reducing the aid granted by Decision C(89) 0570 of 22 March 1989 to PTE 48 504 201 and requiring reimbursement of the amount of PTE 53 310 198; |
|
— |
Order the Commission to pay the costs. |
Pleas in law and main arguments
Infringement of the right to a prior hearing: the applicant was not given the opportunity to comment before a definitive decision to reduce the financial assistance was adopted, which constitutes a breach of an essential procedural requirement the disregard of which renders such a decision void.
Infringement of the principal of legal certainty through limitation and excessive delay in adopting a decision.
Breach of the duty to state reasons: the contested decision fails to set out, even summarily, the reasons for reducing the assistance.
