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

(Case T-402/06) ¹

(Cohesion fund – Regulation (EC) No 1164/94 –Environmental infrastructure projects under way in the territory of Catalonia (Spain) – Partial withdrawal of financial assistance – Public works and services contracts – Award criteria – Economically most advantageous tender – Equal treatment – Transparency – Abnormally low offer – Eligibility of expenditure – Determination of the financial corrections – Article H(2) of Annex II of Regulation No 1164/94 – Proportionality)

Language of the case: Spanish

Parties

Applicant: Kingdom of Spain (represented: initially by J. M. Rodríguez Cárcamo, then A. Rubio González, lawyers in the State legal service)

Defendant: European Commission (represented: initially by A. Steiblytė and L. Escobar Guerrero, then A. Steiblytė and S. Pardo Quintillán, Agents)Re:Application for annulment of Commission Decision C(2006) 5105 of 20 October 2006 reducing the financial assistance granted by the Cohesion Fund for eight projects under way in the territory of the Autonomous Community of Catalonia (Spain).Operative part of the judgmentThe Court:Dismisses the applicati

sAp

plicant: Kingdom of Spain (represented: initially by J. M. Rodríguez Cárcamo, then A. Rubio González, lawyers in the State legal service)Defendant: European Commission (represented: initially by A. Steiblytė and L. Escobar Guerrero, then A. Steiblytė and S. Pardo Quintillán, Agents)Re:Application for annulment of Commission Decision C(2006) 5105 of 20 October 2006 reducing the financial assistance granted by the Cohesion Fund for eight projects under way in the territory of the Autonomous Community of Catalonia (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.