Judgment of the General Court (Sixth Chamber) of 13 July 2011 – Greece v Commission

(Case T-81/09)

ERDF – Reduction of financial assistance – Operational programme falling within Objective No 1 (1994-1999), ‘Accessibility and Trunk roads’ in Greece – Delegation of auxiliary tasks by the Commission to third parties – Rate of financial correction – Commission discretion – Review by the courts

1.                     Economic and social cohesion – Structural assistance – EU financing – Commission’s powers of monitoring and spot checks – Possibility of the Commission using private bodies to carry out that supervision – Limits (Council Regulations No 4253/88 and No 1605/2002, Arts 54 and 57; Commission Regulation No 2064/97, Art. 12) (see paras 25-26, 31)

2.                     Act of the institutions – Statement of reasons – Obligation – Scope – Commission decision ordering partial repayment of financial assistance – Reference to an audit report sent to the beneficiary (Art. 253 EC) (see paras 41-42)

3.                     Economic and social cohesion – Structural assistance – EU financing – In-depth monitoring by the national authorities of compliance with the financial obligations of aid beneficiaries – Declaration on the regularity of expenses drawn up by a service independent of the implementing service – Declaration constituting a reliable and central proof – Obligation on the Commission to carry out a new enquiry – None (Council Regulation No 4253/88, Arts 23 and 24(2); Commission Regulation No 2064/97, Art. 8) (see paras 58-59)

4.                     Economic and social cohesion – Structural assistance – EU financing – Payment of financial assistance – Condition – Compliance with the obligations on the beneficiary of assistance – Obligation on the Commission to review EU contribution where some obligations of the beneficiary not complied with – Scope and limits (Council Regulation No 4253/88, Arts 23 and 24; Commission Regulation No 2064/97) (see paras 63-64, 68, 96)

5.                     Approximation of laws – Public procurement procedures – Conditions and methods of awarding contracts – Modification by the awarding authority during the procedure – Infringement of the principle of equal treatment of tenderers and the duty of transparency (see paras 104-108)

6.                     Economic and social cohesion – Structural assistance – EU financing – Reduction of financial assistance by reason of irregularities – Determination of the rate of financial correction – Discretion of the Commission – Limits – Judicial review (see para. 142)

Re:

Operative part

The Court: