Order of the Court of First Instance (Sixth Chamber) of 6 October 2008 – Austrian Relief Program v Commission

(Case T-235/06)

Application for annulment – Community financing of a project for the improvement of living standards in the former Yugosalvia to promote the return of refugees and displaced persons – Obnova Programme – Arbitration clause – Debit note – Inadmissible

1.                     Procedure – Legal basis of an action – Choice a matter for the applicant and not the Community judicature (see paras 32-33)

2.                     Actions for annulment – Action relating in reality to a contractual dispute – Reclassification of the action – Exclusion (Arts 230 EC, 238 EC and 249 EC) (see paras 34-39)

Re:

APPLICATION for annulment of the debit note of 4 May 2006 by which the Commission sought repayment from the applicant of sums paid in performance of the contract concerning Community financing of the project ‘Republika Srpska 1998: Improvement of living standards to promote the return of refugees and displaced persons’ (Contract RE/YOU/03/04/98), concluded within the framework of the Obnova Programme.

Operative part

The Court:

1. Dismisses the application.

2. Orders Austrian Relief Program – Verein für Not- und Katastrophenhilfe to pay the costs.