Order of the Court of First Instance (Fourth Chamber) of 2 May 2006 – Belgium v Commission

(Case T-134/05)

European Social Fund – Recovery by means of set-off against Community debts – Time-bar – Interest for late payment – Action for annulment – Objection of inadmissibility – Challengeable act – Inadmissible

Actions for annulment – Actionable measures – Definition – Measures producing binding legal effects (Art. 230 EC) (see paras 31-43)

Re:

APPLICATION for annulment of the Commission’s decision contained in its letter of 19 January 2005, by which the Commission replied to the letters from the Kingdom of Belgium regarding funds paid to various Belgian bodies under the European Social Fund.

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders the Kingdom of Belgium to pay the costs.