This document is an excerpt from the EUR-Lex website
Document 62015TO0082
Order of the General Court (Second Chamber) of 15 February 2016.
InAccess Networks Integrated Systems - Applications Services for Telecommunication and Related Equipment Commercial and Industrial Co. SA v European Commission.
Seventh framework programme of the European Community for research, technological development and demonstration activities (2007 to 2013) — Grant agreement for the ATRACO project — Debit notes and decisions contained in letters — No need to adjudicate in part — Contractual nature of the dispute — Partial inadmissibility.
Case T-82/15.
Order of the General Court (Second Chamber) of 15 February 2016.
InAccess Networks Integrated Systems - Applications Services for Telecommunication and Related Equipment Commercial and Industrial Co. SA v European Commission.
Seventh framework programme of the European Community for research, technological development and demonstration activities (2007 to 2013) — Grant agreement for the ATRACO project — Debit notes and decisions contained in letters — No need to adjudicate in part — Contractual nature of the dispute — Partial inadmissibility.
Case T-82/15.
Court reports – general – 'Information on unpublished decisions' section
Order of the General Court (Second Chamber) of 15 February 2016 —
InAccess Networks Integrated Systems v Commission
(Case T‑82/15)
‛Seventh framework programme of the European Community for research, technological development and demonstration activities (2007 to 2013) — Grant agreement for the ATRACO project — Debit notes and decisions contained in letters — No need to adjudicate in part — Contractual nature of the dispute — Partial inadmissibility’
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Judicial proceedings — Legal basis of an action — Choice for the applicant and not the EU judicature — Admissibility assessed in relation to the applicant’s choice (see para. 36) |
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Actions for annulment — Action relating in reality to a contractual dispute — Annulment of a debit note issued by the Commission — EU judicature not having jurisdiction — Inadmissibility (Arts 263 TFEU and 299 TFEU) (see paras 40, 41, 48, 49) |
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Actions for annulment — Action relating in reality to a contractual dispute — Reclassification of the action — Conditions (Arts 263 TFEU and 272 TFEU; Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 52-54) |
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EU law — Principles — Protection of legitimate expectations — Conditions — Specific assurances given by the authorities (see para. 58) |
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Acts of the institutions — Statement of reasons — Obligation — Scope — Agreement concluded by the Commission in the context of an EU financing programme — No obligation to state reasons (Art. 296, second para., TFEU) (see para. 60) |
Re:
APPLICATION for annulment of the Commission decision contained in the letter of 11 December 2014 by which the Commission confirmed its refusal to finance costs invoked by the applicant, of the Commission decision contained in debit note No 3241211514 of 23 October 2012, and of the Commission decision contained in the letter of 7 December 2012 requesting the applicant to return the funds paid and to pay liquidated damages of EUR 12814.10.
Operative part
The Court:
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Rules that there is no longer any need to adjudicate on the claims directed against the Commission decision contained in the letter of 7 October 2012 and the debit note of 23 October 2012; |
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Dismisses the action for the remainder, as being manifestly inadmissible; |
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Orders InAccess Networks Integrated Systems — Applications Services for Telecommunication and Related Equipment Commercial and Industrial Co. SA to pay the costs. |