Judgment of the General Court (Fifth Chamber) of 5 March 2015 —
Rose Vision and Seseña v Commission
(Case T‑45/13)
Arbitration clause — Seventh Framework Programme for Research, Technological Development and Demonstration Activities (2007-2013) — Grant agreements relating to the FIRST, FutureNEM and sISI projects — Actions for annulment and compensation — Reclassification of the actions– Admissibility — Suspension of payments — Deadline for providing the audit report — Dissemination of information to third parties
1. Judicial proceedings — Legal basis of an action — Choice for the applicant and not the EU judicature (see para. 48)
2. 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), and (5a)) (see paras 50-56, 58, 59)
3. Actions for annulment — Natural or legal persons — Measures producing binding legal effects — Measures altering the applicant’s legal situation — Notification in the early warning system for the use of Commission and executive agency cashiers — Action by an entity concerned by that notification — Admissibility (Art. 263 TFEU; Commission Decision 2008/969) (see para. 76)
4. Actions for damages — Autonomy in relation to the action for annulment — Limits — Action seeking the withdrawal of an individual decision which has become definitive — Inadmissibility (Arts 268 TFEU and 340, second para., TFEU) (see paras 78, 79)
5. Non-contractual liability — Conditions — Unlawfulness — Damage — Causal link — Cumulative conditions — One of the conditions not satisfied — Claim for compensation dismissed in its entirety (Art. 340, second para., TFEU) (see paras 113-115)
6. Non-contractual liability — Conditions — Sufficiently serious breach of a rule of law conferring rights on individuals — Discretion of the institution when adopting the measure — Necessary taking into consideration when examining liability (Art. 340, second para., TFEU) (see paras 116-118)
Re:
| First, action for annulment of the Commission’s letter by which it suspended the payments under grant agreement No 246910, relating to the FutureNEM project, and of financial audit report 11-INFS-025, on the basis of which it adopted that measure, and, secondly, action for damages for the harm allegedly suffered by the applicants as a consequence of the Commission’s conduct, up to a maximum of EUR 5 854 264, without prejudice to the damages which may be assessed in the course of the present proceedings as well as interest accrued. |
Operative part
The Court:
2. | | Orders Rose Vision, SL and Mr Julián Seseña to pay the costs. |