Judgment of the General Court of 29 May 2013 – Spain v Commission
(Case T-384/10) 1
(Cohesion fund – Regulation (EC) No 1164/94 – Projects concerning water supply to settlements in the Guadiana river basin in the Andévalo area, drainage and water treatment in the Guadalquivir river basin and water supply to multi-municipal systems in the provinces of Granada and Málaga – Partial withdrawal of financial assistance – Public works and services contracts – ‘Work’ – Splitting of the contract – Determination of the financial corrections – Article H(2) of Annex II to Regulation No 1164/94 – Proportionality)
Language of the case: Spanish
Parties
Applicant: Kingdom of Spain (represented: initially by J. M. Rodríguez Cárcamo, and subsequently by A. Rubio González, lawyers)
Defendant: European Commission (represented by: A. Steiblytė, D. Kukovec and B. Conte, Agents, assisted initially by J. Rivas Andrés, X. García García, lawyers, and M. Vilarasau Slade, Solicitor, and subsequently by J. Rivas Andrés and X. García García)
Re:
Application for the annulment of Commission Decision C (2010) 4147 of 30 June 2010, reducing the assistance granted from the Cohesion Fund to the following (groups of) projects: ‘Water supply to settlements in the Guadiana basin: Andévalo area’ (2000.ES.16.C.PE.133), ‘Drainage and water treatment in the Guadalquivir basin: Guadaira, Aljarafe and the areas of natural protection of the Guadalquivir’ (2000.16.C.PE.066) and ‘Water supply to multi-municipal systems in the provinces of Granada and Málaga’ (2002.ES.16.C.PE.061).
Operative part of the judgment
The Court:
Dismisses the action;
Orders the Kingdom of Spain to pay the costs.
____________1 OJ C 288, 23.10.2010.