Judgment of the General Court of 16 September 2013 – Spain v Commission

(Case T-2/07) ¹

(Cohesion fund – Regulation (EC) No 1164/94 – Projects concerning the clearance of the hydrographical basin of Júcar (Spain) – Partial withdrawal of financial assistance – Public works contracts – Award criteria – Economically most advantageous tender – Equal treatment – Transparency – Eligibility of expenditure – Determination of the financial corrections – Article H(2) of Annex II of Regulation No 1164/94 – Proportionality)Langua

blic works contracts – Award c

riteria

– Economically most advantageous tender – Equal treatment – Transparency – Eligibility of expenditure – Determination of the financial corre

ctions – Article H(2) of Annex II of Regulation No 1164/94 – Proportionality)Language of the case: SpanishPartiesApplicant: Kingdom of Spain (represented: initially by J. M. Rodríguez Cá

rcam

o, then A. Rubio González, lawyers in the State legal service)Defendant: European Commission (represented: initially by A. Steiblytė and L. Escobar Guerrero, Agents, and M. Canal Fontcuberta, lawyer, then A. Steiblytė and S. Pardo Quintillán, Agents)Re:Application for annulment of Commission Decision C(2006) 5102 of 20 October 2006, reducing the financial assistance from the Cohesion Fund to the group of projects bearing the reference 2001.ES.16.C.PE.050 and concerning the clearance of the hydrographical basin of Júcar (Spain).Operative part of the judgmentThe Court:Dismisses the application;Orders the Kingdom of Spain to bear its own costs and to pay those incurred by the European Commission.