Order of the General Court (Fifth Chamber) of 13 September 2017 — Germany v Commission
(Case T‑116/10)
(Action for annulment — ERDF — Reduction of financial assistance — North Rhine-Westphalia Programme — Failure to comply with the time-limit for adopting a decision — Infringement of essential procedural requirements — Action manifestly well founded)
1. Actions for annulment — Pleas in law — Infringement of essential procedural requirements — To be considered of the Court’s own motion — Condition — Compliance with the principle that the parties should be heard
(Art. 263 TFEU)
(see paras 60, 61)
2. Acts of the institutions — Temporal application — Procedural rules — Immediate entry into force
(Council Regulation No 1083/2006, Art. 100(5))
(see paras 68, 71)
Re:
APPLICATION based on Article 263 TFEU seeking the annulment of Commission Decision C(2009) 10675 of 23 December 2009 reducing the assistance granted to the Objective 2 North Rhine-Westphalia Programme (1997-1999) in the Federal Republic of Germany from the European Regional Development Fund (ERDF) under Commission Decision C(97)1120 of 7 May 1997.
Operative part
1. | | Commission Decision C(2009) 10675 of 23 December 2009 reducing the assistance granted to the Objective 2 North Rhine-Westphalia Programme (1997-1999) in the Federal Republic of Germany from the European Regional Development Fund (ERDF) under Commission Decision C(97)1120 of 7 May 1997 is annulled. |
2. | | The European Commission is ordered to pay the costs. |