Order of the President of the General Court of 25 September 2023 – Terminal Ouest Provence v CINEA

(Case T-504/23 R)

(Interim measures – Connecting Europe Facility (CEF) – Grant agreement – Arbitration clause – Application for interim measures – Lack of urgency)

Language of the case: French

Parties

Applicant: Terminal Ouest Provence (Paris, France) (represented by: P. de Bandt, M.-R. Gherghinaru, L. Panepinto and Z. Irusta Ortega, lawyers)

Defendant: European Climate, Infrastructure and Environment Executive Agency (represented by: I. Ramallo García-Pérez, N. Kopietz and P. Matczak, acting as Agents, and by S. Rodrigues, lawyer)

Re:

By its application under Articles 278 and 279 TFEU, the applicant seeks (i) declaration, prima facie, that all the costs invoiced by its majority shareholder, Charmade, to the European Climate, Infrastructure and Environment Executive Agency (CINEA) are subcontracting costs within the meaning of the grant agreement ‘Grant Agreement – Project 101079665 – 21-FR-TG-TOP’ and are therefore fully eligible as such, and (ii) for CINEA to be prohibited from making decisions regarding the classification of those costs and, a fortiori, regarding their eligibility before the General Court has ruled on the action it brought on the basis of Article 272 TFEU.

Operative part of the order

1.    The application for interim measures is dismissed.

2.    The costs are reserved.

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