Order of the General Court (Second Chamber) of 30 June 2011 – Cross Czech v Commission

(Case T-252/10)

Action for annulment – Sixth framework programme for research, technological development and demonstration activities – Letter confirming the findings of an audit report and informing the applicant of the next steps in the procedure – Contractual and non-decision-making character of the letter – Inadmissibility

1.                     Actions for annulment – Action relating in reality to a contractual dispute – Lack of jurisdiction of the Community judicature – Inadmissibility (Art. 263 TFEU) (see paras 38-49)

2.                     Actions for annulment – Action relating in reality to a contractual dispute – Reclassification of the action – Not included (Arts 263 TFEU and 272 TFEU) (see paras 61-64)

3.                     Procedure – Legal basis of an action – Choice a matter for the applicant not the Community judicature (see paras 63-64)

Re:

APPLICATION for annulment of the Commission letter of 12 March 2010, reference number INFSO-O2/FD/GVC/Isc D (2010) 208676, confirming the findings of financial audit report 09-BA74-006 concerning the financial statements declared by the applicant over the period 1 February 2005 to 30 April 2008 for three contracts concluded between the applicant and the Commission under the sixth framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European research area and to innovation (2002-06), and informing the applicant of the next steps in the procedure.

Operative part

1. The action is dismissed as inadmissible.

2. Cross Czech a.s. is ordered to bear its own costs and to pay those of the European Commission, including the costs incurred in the proceedings for interim relief.