Order of the Court (Seventh Chamber) of 22 January 2010 – Greece v Commission
(Case C-43/09 P)
Appeal – Commission decision reducing the financial assistance initially granted by the Cohesion Fund for the project for the new Athens International Airport at Spata – Action for annulment – Principles of non-retroactivity, legal certainty and proportionality – Appeal manifestly inadmissible in part and manifestly unfounded in part
1.Community law – Interpretation – Acts of the institutions (Council Regulation No 1164/94; Commission Regulation No 1386/2002, Art. 1) (see paras 33, 35)
2.Acts of the institutions – Temporal application – Immediate application of the new rule to the future effects of a situation arising when the old rule was in force (see paras 47-54)
3.Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Error of law relied on not identified – Inadmissibility (Art. 225 EC; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 112(1), first para., (c)) (see paras 61-63)
Re:
| Appeal brought against the judgment of the Court of First Instance (Eighth Chamber) in Case T-404/05 | Greece | v | Commission | , by which the Court dismissed an action seeking annulment of Commission Decision C(2005) 3243 of 1 September 2005 reducing the financial assistance initially granted by the Cohesion Fund for Project No 95/09/65/040, concerning the new Athens International airport at Spata. |
Operative part
1. |
| The appeal is dismissed. |
2. |
| The Hellenic Republic is ordered to pay the costs. |