Judgment of the General Court of 22 May 2019 — Ertico — ITS Europe v Commission
(Case T-604/15) 1
(Seventh Framework Programme for research, technological development and demonstration activities — Recommendation 2003/361/EC — Decision of the Commission’s Validation Panel on qualification as a micro, small and medium-sized business — Request for review under sections 1.2.6 and 1.2.7 of the Annex to Decision 2012/838/EU, Euratom — No administrative appeal within the meaning of Article 22 of Regulation (EC) No 58/2003 — Rights of the defence — Principle of sound administration — Legal certainty — Legitimate expectations — Res judicata — Criteria for the definition of micro, small and medium-sized businesses in EU policies — Concept of an ‘enterprise’ — Concept of an ‘economic activity’ — Criterion of independence — Obligation to state reasons)
Language of the case: English
Parties
Applicant: European Road Transport Telematics Implementation Coordination Organisation — Intelligent Transport Systems & Services Europe (Ertico — ITS Europe) (Brussels, Belgium) (represented by: M. Wellinger and K. T’Syen, lawyers)
Defendant: European Commission (represented by: initially, R. Lyal and M. Clausen and, subsequently, R. Lyal and A. Kyratsou, acting as Agents)
Re:
Application under Article 263 TFEU seeking annulment of the decision of the Validation Panel of 18 August 2015 provided for under section 1.2.7 of the Annex to Commission Decision 2012/838/EU, Euratom of 18 December 2012 on the adoption of the Rules to ensure consistent verification of the existence and legal status of participants, as well as their operational and financial capacities, in indirect actions supported through the form of a grant under the Seventh Framework Programme of the European Community for research, technological development and demonstration activities and under the Seventh Framework Programme of the European Atomic Energy Community for nuclear research and training activities (OJ 2012 L 359, p. 45), in so far as that decision concludes that the applicant does not qualify as a micro, small or medium-sized enterprise within the meaning of Commission Recommendation 2003/361/EC of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (OJ 2003 L 124, p. 36).
Operative part of the judgment
The Court:
Dismisses the action;
Orders European Road Transport Telematics Implementation Coordination Organisation — Intelligent Transport Systems & Services Europe (Ertico — ITS Europe) to bear one half of its costs;
Orders the European Commission to bear its own costs and pay one half of the costs incurred by Ertico — ITS Europe.
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1 OJ C 414, 14.12.2015.