Notices for publication in the OJ nº T-97/09 of Tribunal General de la Unión Europea, June 06, 2009

• Resolution Date: June 06, 2009
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-97/09

Action brought on 4 March 2009 - Germany v Commission

(Case T-97/09)

Language of the case: German

Parties

Applicant: Federal Republic of Germany (represented by: M. Lumma and C. von Donat, lawyers)

Defendant: Commission of the European Communities

Form of order sought

Declare void Commission Decision C(2008) 8465 final of 19 December 2008 on the reduction of the assistance from the European Regional Development Fund (ERDF) for an operational programme in the Objective 1 region of the Land of Saxony in the Federal Republic of Germany (1994-1999) in accordance with Commission Decision C(94) 1939/4 of 5 August 1994, Commission Decision C(94) 2273/4 of 22 August 1994 and Commission Decision C(94) 1425 of 6 September 1994;

Order the Commission to pay the costs of the action.

Pleas in law and main arguments

The applicant challenges Commission Decision C(2008) 8465 final of 19 December 2008, by which the financial assistance granted from the European Regional Development Fund for the Objective 1 region of Freistaat Sachsen in the Federal Republic of Germany (1994-1999) was reduced.

The applicant bases its claim on the following grounds:

Firstly, there is no legal basis for the consolidation and extrapolation of financial corrections in the funding period 1994 to 1999.

Secondly, the contested decision infringes Article 24(2) of Regulation (EEC) No 4253/88, ¹ since the requirements are not met for a reduction to be made.

In particular, the Commission has misapplied the concept of 'irregularity' and has established important factual elements without any foundation for doing so. The assumption of systematic errors in administration and monitoring is based on incorrect findings of fact.

In the alternative, the applicant submits that the Commission has not used the discretion given to it pursuant to Article 24(2) of Regulation...