This document is an excerpt from the EUR-Lex website
Document 62010TO0119
Order of the General Court (Fifth Chamber) of 13 September 2017.
Kingdom of the Netherlands v European Commission.
Actions for annulment — ERDF — Reduction of financial assistance — Programme Interreg II/C ‘Rhine-Meuse flood protection’ — Non-compliance with the period prescribed for the adoption of a decision — Infringement of essential procedural requirements — Action manifestly well founded.
Case T-119/10.
Order of the General Court (Fifth Chamber) of 13 September 2017.
Kingdom of the Netherlands v European Commission.
Actions for annulment — ERDF — Reduction of financial assistance — Programme Interreg II/C ‘Rhine-Meuse flood protection’ — Non-compliance with the period prescribed for the adoption of a decision — Infringement of essential procedural requirements — Action manifestly well founded.
Case T-119/10.
Case T-119/10
Kingdom of the Netherlands
v
European Commission
(Actions for annulment — ERDF — Reduction of financial assistance — Programme Interreg II/C ‘Rhine-Meuse flood protection’ — Non-compliance with the period prescribed for the adoption of a decision — Infringement of essential procedural requirements — Action manifestly well founded)
Summary – Order of the General Court (Fifth Chamber), 13 September 2017
Actions for annulment — Pleas in law — Infringement of essential procedural requirements — To be considered of the Court's own motion — Condition — Compliance with the principle that the parties should be heard
(Art. 263 TFEU)
Economic, social and territorial cohesion — Structural assistance — European Union funding — Regulation No 1083/2006 — Financial corrections — Period prescribed for the adoption of the Commission’s decision — Applicability to the programmes implemented before 2007
(Council Regulation No 1083/2006, Art. 100)
See the text of the decision.
(see paras 64, 65)
As regards the periods for the Commission to comply with before deciding on a financial correction regarding the clearance of the ERDF’s accounts, Article 100 of Regulation No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund also applies to programmes before the 2007-2013 period, in keeping with the principle that rules of procedure apply immediately after their entry into force. The Commission must therefore, for the purposes of the adoption of a decision to reduce a programme implemented before 1 January 2007, comply with the six-month time limit laid down in Article 100(5) of Regulation No 1083/2006.
(see paras 72, 75)