Order of the General Court (First Chamber) of 6 September 2012 — Technion and Technion Research & Development Foundation v Commission

(Case T‑657/11)

Action for annulment — Sixth framework programme for research, technological development and demonstration activities — Letter notifying the applicant of the Commission’s intention to recover the adjusted sums pursuant to a research financing contract — Acts inseparable from the contract — Inadmissibility

1.                     Procedure — Legal basis of an action — Choice for the applicant and not the EU judicature (see para. 31)

2.                     Actions for annulment — Action relating in reality to a contractual dispute — Letter announcing the Commission’s intention to recover sums paid to an undertaking under a contract for financing research, following a financial audit — Lack of jurisdiction of the EU judicature — Inadmissibility (Arts 263 TFEU and 288 TFEU) (see paras 33-35, 38-40, 44-48)

3.                     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; Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 54-60)

Re:

APPLICATION for annulment of the Commission’s letter of 19 October 2011 notifying the applicant of the issuing of a debit note for the reimbursement of the sum of EUR 97 106.72, corresponding to the amount of the adjusted sums for contract No 034984 (Mosaica), following the conclusions of the financial audit concerning, inter alia, that contract, concluded under the sixth framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European research area and to innovation (2002-2006).

Operative part

1. The action is dismissed as inadmissible.

2. Technion — Israel Institute of Technology and Technion Research & Development Foundation Ltd are ordered to pay the costs.