Order of the General Court (Eighth Chamber) of 30 June 2011 – Tecnoprocess v Commission

(Case T-403/09)

Action for damages – Unjust enrichment – Application initiating proceedings – Formal requirements – Inadmissibility

1.                     Procedure – Application initiating proceedings – Formal requirements – Brief summary of the pleas in law on which the application is based – Pleas in law not set out in the application – General reference to documents annexed to the application – Inadmissibility (Statute of the Court of Justice, Arts 21, first para., and 53, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 35-36, 45)

2.                     European Union Law – Principles – Principle of prohibition of unjust enrichment of the Union – Remedy – Actions for damages – Condition – Enrichment of the Union without legal basis and corresponding impoverishment of the applicant (Arts 235 EC and 288, second para., EC; Charter of Fundamental Rights of the European Union, Art. 47) (see para. 43)

Re:

APPLICATION, first, for a declaration that the European Commission and the delegations of the European Union to Morocco and Nigeria have been unjustly enriched and, second, for an order that the Commission pay the sum of EUR 114 069.94 and the interest due on that sum.

Operative part

1. 1. The action is dismissed as inadmissible.

2. 2. Tecnoprocess Srl is ordered to pay the costs.