Order of the General Court (Sixth Chamber) of 24 May 2011 – Power‑One Italy v Commission

(Case T-489/08)

Action for compensation – Project cofunded by the financial instrument LIFE + – Development of a new system of supplying power for use in mobile telephony (Pneuma project) – Abuse of process – Disregard of formal requirements – Inadmissibility

1.                     Actions for damages – Independent of actions for annulment – Action partially seeking the withdrawal of an individual decision become definitive – Partial inadmissibility (Arts 235 EC and 288, second para., EC) (see paras 42-50)

2.                     Procedure – Application initiating proceedings – Formal requirements – Identification of the subject-matter of the dispute – Brief summary of the pleas in law on which the application is based – Action seeking compensation for loss caused by an EU institution – No indications as to the nature and extent of the loss and the causal link – Manifest inadmissibility (Arts 235 EC and 288, second para., EC; Statute of the Court of Justice, Arts 21 and 53, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 52, 54-57, 61-62)

Re:

ACTION for compensation for loss allegedly suffered by the applicant following the Commission’s decision to end the Pneuma project (LIFE04 ENV/IT/000595), intended to cofund development of a new system of supplying power for use in mobile telephony.

Operative part

1. The action is dismissed.

2. Power-One Italy SpA is ordered to bear its own costs and to pay those incurred by the Commission.