Order of the General Court (Eighth Chamber) of 13 September 2011 – CEVA v Commission

(Case T-224/09)

Action for annulment – Specific programme for research and technological development on energy, environment and sustainable development – Protop project – Subsidy contract – Demand for recovery of payments made on account pursuant to a contract for the financing of research – Sub-contracting – Enforcement order – Act not subject to review – Inadmissibility

1.                     Procedure – Obligation on the General Court to commence the oral procedure before ruling on an objection of inadmissibility –None (Rules of Procedure of the General Court, Arts 111 to 114) (see paras 29-31)

2.                     Procedure – Legal basis of an action – Choice for the applicant not the EU judicature (see para. 33)

3.                     Actions for annulment – Actionable measures – Concept – Measures producing binding legal effects – Preparatory measures – Enforcement order from the Commission seeking recovery of a debt – Not included (Art. 230 EC) (see paras 49-50, 55-60, 64)

Re:

APPLICATION for annulment of the enforcement order decision adopted by the Commission on 6 April 2009 by which the Commission called upon the applicant to refund all the payments made on account within the framework of a subsidy contract relating to a research project falling within the specific programme for research, technological development and demonstration on ‘Energy, environment and sustainable development’.

Operative part

1. The action is dismissed as inadmissible.

2. The Centre d’étude et de valorisation des algues SA (CEVA) is ordered to pay the costs.