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Document 62010TN0540
Case T-540/10: Action brought on 24 November 2010 — Spain v Commission
Case T-540/10: Action brought on 24 November 2010 — Spain v Commission
Case T-540/10: Action brought on 24 November 2010 — Spain v Commission
IO C 30, 29.1.2011, p. 48–49
(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:
- 24/11/2010
- Author:
- Cúirt Ghinearálta
- Form:
- Faisnéis bhreithiúnach
- Authentic language:
- Spáinnis
- Link
- Select all documents mentioning this document
- Instruments cited in case law:
- Link
- EUROVOC descriptor:
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29.1.2011 |
EN |
Official Journal of the European Union |
C 30/48 |
Action brought on 24 November 2010 — Spain v Commission
(Case T-540/10)
()
2011/C 30/87
Language of the case: Spanish
Parties
Applicant: Kingdom of Spain (represented by: M. Muñoz Pérez, lawyer)
Defendant: European Commission
Form of order sought
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— |
Annul Commission Decision C(2010) 6154 of 13 December reducing the assistance granted from the Cohesion Fund to the following projects
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alternatively, partially annul the decision in so far as it refers to the corrections applied to the amendments arising from exceeding the noise thresholds (Subsection IX-A), the change of PGOU of the Ayuntamiento de Santa Oliva (Subsection IX-A) and the differences in the geotechnical conditions (Subsections X-B. IX-A, XI-B and IX-C), reducing the amount of the correction by EUR 2 348 201,96; |
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in any event, order the defendant to pay the costs. |
Pleas in law and main arguments
By the contested decision, the Commission reduced the aid from the Cohesion Fund initially granted to the phase of the projects mentioned above, because of alleged irregularities in the application of the law on public procurement.
The Kingdom of Spain takes the view the decision should be annulled on three different grounds:
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(a) |
Infringement of Article H(2) of Annex II to Regulation No 1164/94 (1) as the Commission failed to take a decision within the period of three months from the date of the hearing. |
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(b) |
Infringement, by reason of incorrect application, of Article 20(2)(f) of Directive 93/38 (2) since contracting for additional services is a matter conceptually distinct from the amendment of a contract which is being executed laid down by Spanish public procurement law, so that that amendment does not fall within the scope of Directive 93/38. |
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(c) |
In the alternative, infringement of Article 20(2)(f) of Directive 93/38 on the ground that all the requirements were fulfilled in order for the Spanish authorities to adjudicate by way of the negotiation procedure without advertising the additional works carried out in the four phases of the project affected by the correction. |
(1) Council Regulation (EC) No 1164/94 of 16 May 1994 establishing a Cohesion Fund (OJ 1994 L 130, p. 1).
(2) Council Directive 93/38/EEC of 14 June 1993 coordinating the procurement procedures of entities operating in the water, energy, transport and telecommunications sectors (OJ 1993 L 82, p. 40).
