Order of the General Court (Third Chamber) of 29 June 2010 – Mauerhofer v Commission

(Case T-515/08)

Multiple framework contract ‘Commission 2007’ – Recruitment of experts in the context of actions relating to aid granted to non-member countries – Tasks requiring expertise – Commission measure relating to the number of billable days’ work – Action for annulment – No challengeable act – Inadmissibility – Action for damages – Causal link – Action manifestly lacking any foundation in law

1.                     Actions for annulment – Actionable measures – Meaning (Art. 230 EC) (see paras 66, 72-73)

2.                     Non-contractual liability – Conditions (Art. 288, second para., EC) (see paras 78-79)

3.                     Non-contractual liability – Conditions (Art. 288, second para., EC) (see para. 80)

Re:

APPLICATION for, first, annulment of the Commission’s administrative order of 9 September 2008 amending specific contract 2007/146271, which had been concluded between the Commission and the framework contractor for the project ‘Value Chain Mapping Analysis’ carried out in Bosnia and Herzegovina, by reducing the number of days’ work carried out by the applicant – under a contract between him and the framework contractor – for which the framework contractor could bill the Commission, and second, the award of damages.

Operative part

1. The action is dismissed.

2. Volker Mauerhofer is ordered to pay the costs.