Order of the Court (Eighth Chamber) of 16 May 2013
Order of the Court (Eighth Chamber) of 16 May 2013
Data
- Court
- Court of Justice
- Case date
- 16 mei 2013
Verdict
Order of the Court (Eighth Chamber) of 16 May 2013 — Caixa Geral de Depósitos v Commission
(Case C-242/11 P)
"Appeal - Articles 149 and 181 of the Rules of Procedure of the Court of Justice - European Regional Development Fund (ERDF) - Global grant for local development in Portugal - Reduction of financial assistance - No need to adjudicate - Manifest inadmissibility"
AppealsGroundsGrounds which are manifestly inadmissible or manifestly unfoundedRejection at any point by reasoned order without an oral procedure (Rules of Procedure of the Court of Justice, Art. 181) (see para. 13)
AppealsInterest in bringing proceedingsExamination by the Court of its own motionEvent subsequent to the judgment of the General Court having removed the prejudicial effect thereof for the appellantAppeal which has become devoid of purposeNo need to adjudicate (Rules of Procedure of the Court of Justice, Arts 149 and 190(1)) (see paras 14, 18-20)
AppealsGroundsError of law relied on not identifiedInadmissibility (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d) and 169) (see paras 22-24)
Re:
Appeal against the judgment of the General Court (Eighth Chamber) of 3 March 2011 in Case T-401/07 Caixa Geral de Depósitos v Commission by which that court dismissed as inadmissible an action for partial annulment of Decision C(2007) 3772 reducing the financial assistance granted by the European Regional Development Fund (ERDF) to the global grant for local development in Portugal by Commission Decision C(95) 1769 of 28 July 1995, and a claim for an order against the Commission to pay the final balance of the financial assistance under Article 238 EC.
Operative part
The appeal is dismissed.
Caixa Geral de Depósitos SA and the European Commission are ordered to bear their own costs relating to the present appeal proceedings.
The Portuguese Republic is ordered to bear its own costs.