Judgment — ECLI:EU:T:2018:699
Date: 2018-10-18
Language of the case: Italian
Court formation: Fifth Chamber
Subject matter: Energy
Procedure: Action for annulment - unfounded
Origin: Italy

Summary — Judgment of the General Court (Fifth Chamber), 18 October 2018 1. Actions for annulment — Actionable measures — Concept — Measures producing binding legal effects — Preparatory measures — Not included — Letters of the Commission specifying the amounts to be recovered from the beneficiary of financial aid — Reimbursement by the beneficiary of amounts claimed before bringing an action — Admissibility (Art. 263 TFEU; European Parliament and Council Regulation No 680/2007, Art. 9) 2. Acts of the institutions — Statement of reasons — Obligation — Scope — Assessment of the duty to state reasons by reference to the circumstances of the case (Art. 296 TFEU) 3. Approximation of laws — Procedures for awarding contracts in the water, energy, transport and postal services sectors — Directive 2004/17 — Derogations from common rules — Conditions — Restrictive interpretation — Burden of proof (European Parliament and Council Directive 2004/17, Art. 40(3)(c)) 4. EU law — Principles — Protection of legitimate expectations — Conditions — Specific assurances given by the authorities — Concept — Silence of the administration — Excluded 1. Only measures which produce binding legal effects capable of affecting an applicant’s interests by bringing about a significant change in his legal position are acts or decisions against which an action for annulment may be brought under Article 263 TFEU. More specifically, in the case of acts adopted by a procedure involving several stages, in particular where they are the culmination of an internal procedure, an act is in principle open to review only if it is a measure definitively laying down the position of the institution on the conclusion of that procedure, and not a provisional measure intended to pave the way for the final decision. Letters of the European Commission in which that institution has made definitive claims against the beneficiary of EU financial aid, on the basis of the decision to grant financial aid, must be classified as acts open to review if they specify the amounts which the Commission considers must be recovered from the aid beneficiary and which that beneficiary repays, subject to the bringing of an action, thus conforming to the will of the Commission. In that regard, where repayment has been made, the Commission will not adopt any decision following the issuing of the debit note. Accordingly, preventing the beneficiary from being able to contest the sums repaid would risk undermining its right to an effective remedy. It would therefore be contrary to the right to sound administration to encourage the beneficiary not to pay the amounts payable as set out in the debit note so that any decision adopted after the debit note is issued may be challenged on the basis of Article 263 TFEU. (see paras 30, 31, 34, 35) 2. See the text of the decision. (see paras 51-53) 3. See the text of the decision. (see paras 63, 80, 81, 85) 4. See the text of the decision. (see paras 90-92, 94)