Order of the General Court of 13 September 2017 — Luxembourg v Commission
(Case T-109/10) 1
(Action for annulment — EDRF — Reduction in financial aid — Programme Interreg II/C ‘Rhine-Meuse flood’ — Failure to comply with the time limit for adopting a decision — Infringement of essential procedural requirements — Action manifestly well founded)
Language of the case: French
Parties
Applicant: Grand Duchy of Luxembourg (represented intially by: C. Schiltz, then by: P. Franzen, subsequently by: L. Delvaux and D. Holderer and finally by: D. Holderer, acting as Agents, and P. Kinsch, lawyer)
Defendant: European Commission (represented by: W. Roels and A. Steiblytė, acting as Agents)
Interveners in support of the applicant: Kingdom of Belgium (represented initially by: M. Jacobs and T. Materne, subsequently by: M. Jacobs, and finally by: M. Jacobs and J.-C. Halleux, acting as Agents); French Republic (represented initially by: G. de Bergues and B. Messmer, subsequently by: G. de Bergues and finally by: J. Bousin and D. Colas, acting as Agents) and the Kingdom of the Netherlands (represented initially by: C. Wissels, M. Noort and Y. de Vries and subsequently by: M. Noort, M. Bulterman and B. Koopman, acting as Agents)
Re:
Application based on Article 263 TFEU seeking the annulment of Commission Decision C(2009) 10712 of 23 December 2009 on the reduction in the financial aid granted to the Rhine-Meuse flood protection programme under Community initiative programme Interreg II/C in the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands by the European Regional Development Fund (ERDF) pursuant to Commission Decision C(97)3742 of 18 December 1997 — (ERDF No 970010008) insofar as it applies to the Grand Duchy of Luxembourg.
Operative part of the order
1. Commission Decision C(2009) 10712 of 23 December 2009 on the reduction in the financial aid granted to the Rhine-Meuse flood protection programme under Community initiative programme Interreg II/C in the Kingdom of Belgium, the Federal Republic of Germany, the French Republic, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands by the European Regional Development Fund (ERDF) pursuant to Commission Decision C(97)3742 of 18 December 1997 — (ERDF No 970010008) is annulled insofar as it applies to the Grand Duchy of Luxembourg.
2. The European Commission shall pay, in addition to its own costs, the costs incurred by the Grand Duchy of Luxembourg.
3. The Kingdom of Belgium, the French Republic and the Kingdom of the Netherlands shall bear their own costs.
____________
1 OJ C 134, 22.5.2010.