Order of the General Court (Seventh Chamber) of 19 June 2012 —
Hungary v Commission
(Case T‑37/11)
Action for annulment — Temporary instrument intended to finance actions at the new external borders of the European Union for the purpose of the implementation of the Schengen acquis and border control (Schengen Facility) — Contribution to Hungary in respect of the period from 2004 to 2006 — Recovery of part of the amount paid — Challengeable act — Inadmissibility
1. Procedure — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Reference in the application to a measure preliminary to that challenged — Reference not excluding the possibility of identifying the subject-matter of the dispute (Rules of Procedure of the General Court, Art. 44(1)) (see paras 25-27)
2. Actions for annulment — Actionable measures — Acts intended to have legal effects — Concept — Temporary instrument intended to finance actions at the new external borders of the European Union for the purpose of the implementation of the Schengen acquis and border control (Schengen Facility) — Commission debt note recovering sums unjustifiably paid, following the final report of the Commission on clearance of the accounts of the Schengen Facility concerning aid paid to Hungary during the period from 2004 to 2006 — Debit note merely an implementing measure of an earlier decision, the obligation to repay having arisen not at the time of the issuing of the debit note but at the time of the adoption of the final report — No challengeable act — Inadmissibility (2003 Act of Accession, Art. 35) (see paras 33, 34, 40-42, 60)
Re:
| APPLICATION for partial annulment of debit note No 3241011280 issued by the Commission on 28 October 2010 after the final report on the clearance of the accounts of the Schengen Facility concerning aid paid to Hungary during the period from 2004 to 2006. |
Operative part
1. | | The action is dismissed as inadmissible. |
2. | | Hungary is ordered to pay the costs. |