Judgment of the General Court (Sixth Chamber) of 29 March 2012 — Portugal v Commission

(Case T-111/10)

ERDF — Reduction of financial assistance — Operational Programme seeking modernisation of the economic fabric in Portugal — Absence of precise and verifiable binding objectives — Legitimate expectations

1.                     Economic and social cohesion — Structural assistance — Union financing — Condition — Pursuit of a tangible objective within the framework of social cohesion policy (Council Regulations No 2052/88, Arts 6 to 8, and No 4253/88, Arts 8, 14, 15 and 24 to 26) (see paras 27-32)

2.                     Economic and social cohesion — Structural assistance — Union financing — Duty of Member States regularly to review projects financed — Decision to reduce aid for lack of evidence that expenses eligible — No infringement of the defence rights (Council Regulation No 4253/88, art. 23) (see para. 36)

3.                     Economic and social cohesion — Structural assistance — Commission decision — Assessment of legality by reference to information available at the time of adoption of the decision (see para. 41)

4.                     Economic and social cohesion — Structural assistance — Union financing — Decision to reduce aid originally granted — Irregularities not having been objected to by the Commission — Breach of principle of the protection of legitimate expectation — Conditions (see paras 45-48)

Re:

Operative part

The Court: