Judgment of the General Court (Eighth Chamber) of 15 September 2011 – CEVA v Commission

(Case T-285/09)

Specific programme for research and technological development in the field of research into living resources – Project Seapura – Grant agreement – Arbitration clause – Application for the reimbursement of sums paid in advance under a research financing contract – Reminder letters – Action for annulment – Inadmissibility

1.                     Actions for annulment – Action relating in reality to a contractual dispute – Reclassification of the action – Not included (Arts 230 EC and 238 EC) (see paras 34-35)

2.                     Actions for annulment – Action relating in reality to a contractual dispute – Annulment of reminder letters from the Commission seeking repayment of a subsidy – Lack of jurisdiction of the EU judicature – Inadmissibility (Arts 230 EC and 249 EC) (see paras 45-48)

Re:

APPLICATION for the annulment of the four reminder letters of the Commission dated 11 May 2009, by which it invited the applicant to reimburse the amount paid to it under a grant agreement concluded for a project to be carried out in the context of the specific programme for research and technological development, entitled ‘Quality of Life and Management of Living Resources’.

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders the Centre d'étude et de valorisation des algues SA (CEVA) to pay the costs.