Judgment of the General Court (Fourth Chamber) of 24 April 2012 – Samskip Multimodal Container Logistics v Commission

(Case T-166/10)

Action for annulment — Decision awarding Community financial assistance to improve the environmental performance of the freight transport system — Marco Polo II programme — Termination of the grant agreement and definitive abandonment of the project — No longer any interest in bringing proceedings — No need to adjudicate

Actions for annulment — Interest in bringing proceedings — Need for such an interest to exist when the action brought and continue until delivery of the court’s decision — Action brought against a Commission decision granting a subsidy in accordance with a convention terminated during the proceedings — No further interest in bringing an action — No need to adjudicate (Art. 230, fourth para, EC) (see paras 14, 16, 18-19)

Re:

APPLICATION for annulment of Commission Decision C(2010) 580 of 27 January 2010 on the financial assistance for proposals for actions submitted in the 2009 selection procedure in the European Union programme ‘improving the environmental performance of the freight transport system’ (the Marco Polo II programme), in so far as it selects Proposal TREN/B4/SUB/01‑2009 MP‑II/6 concerning the G2G@2XL project for funding in the amount of EUR 2 190 539.

Operative part

The Court:

1. Declares that there is no longer any need to adjudicate on the present action;

2. Orders the European Commission to bear four fifths of the costs of Samskip Multimodal Container Logistics BV and four fifths of its own costs;

3. Orders Samskip Multimodal Container Logistics to bear one fifth of the Commission’s costs and one fifth of its own costs.