Judgment of the General Court (Ninth Chamber) of 6 January 2015 — St’art and Others v Commission
(Case T‑93/14)
Action for annulment — ‘European Creative Industries Alliance’ programme — ‘C-I Factor’ project aimed at establishing new instruments to encourage the funding of the cultural and creative industries — Debit note –Measure which is part of a purely contractual context from which it is inseparable — Inadmissibility
1. Actions for annulment — Action relating in reality to a contractual dispute — Action for annulment of a decision to issue a debit note following termination of a financing agreement — No jurisdiction of the EU judicature — Inadmissibility (Arts 263 TFEU and 288 TFEU) (see paras 27-29, 31, 33)
2. Actions for annulment — Action relating in reality to a contractual dispute — Reclassification of the action — Conditions — Action not based on any plea claiming infringement of the rules governing the contractual relationship — Exclusion of reclassification (Arts 263 TFEU and 272 TFEU) (see paras 35, 37)
Re:
| APPLICATION for annulment of the ‘decision of an unknown date, formalised on 29 November 2013 by the European Commission’, seeking to recover the sum of EUR 140 500.01 in the context of the ‘C-I Factor SI2.609157-2/G/ENT/CIP/11/C/N03C011’ project, issuing a debit note to that end and insisting, if necessary, on the joint and several liability of the other members of the consortium. |
Operative part
1. | | The action is dismissed. |
2. | | St’art — Fonds d’investissement dans les entreprises culturelles, Stichting Cultuur — Ondernemen and Angel Capital Innovations Ltd are ordered to bear their own respective costs and pay those incurred by the European Commission. |