Language of document :

Judgment of the General Court of 21 June 2012 - Spain v Commission

(Joined Cases T-264/10 and T-266/10) 

(Cohesion Fund and ERDF operational programme managed by Spain (ESF Combating discrimination 2007-2013 operational programme) - Interim payment application - Decision to suspend the payment deadline because of a significant deficiency in the operation of management and control systems - Actions for annulment - Admissibility - Article 87(2) of Regulation (EC) No 1083/2006)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented by: N. Díaz Abad, agent)

Defendant: European Commission (represented by: C. Urraca Caviedes and B. Conte, agents)

Re:

Actions brought against the Commission decisions of 10 May (T-264/10) and 11 May 2010 (T-266/10) informing the Spanish authorities of the suspension of the deadline for the settlement of certain interim payment applications submitted by the Kingdom of Spain.

Operative part of the judgment

The Court:

1)    joins Cases T-264/10 and T-266/10 for the purposes of the judgment;

2)     annuls the Commission decisions of 10 May and 11 May 2010 informing the Spanish authorities of the suspension of the deadline for the settlement of certain interim payment applications submitted by the Kingdom of Spain;.

3)     rejects the application for acknowledgment that the application for payment of interest for late payment is well founded;

4)     declares that that there is no need to adjudicate on the head of claim that the General Court order a measure of organisation of procedure based on Article 64 of its Rules of Procedure;

5)    orders the Commission to pay the costs.

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1 - OJ C 221, 14.8.2010.