Information;Judgment — ECLI:EU:C:2022:741
Date: 2022-09-29
Language of the case: French
Court formation: Seventh Chamber
Subject matter: Financial provisions;Own resources
Procedure: Appeal - unfounded;Appeal - inadmissible;Arbitration clause
Origin: Belgium

Judgment of the Court (Seventh Chamber) of 29 September 2022 – HIM v Commission (Case C‑500/21 P) (1) (Appeal – Arbitration clause – Grant agreements concluded under the Information and Communication Technologies (ICT) Policy Support Programme – Audit report – Debit notes issued by the European Commission for the recovery of certain sums – Action for annulment – Investigation by the European Anti-Fraud Office (OLAF) – Counterclaim – Full repayment of the grants concerned – Rights of the defence – Principle of sound administration – Impartiality – Principle of proportionality – Obligation to state reasons) 1. Judicial proceedings – General Court seised under an arbitration clause – Counterclaim by the Commission seeking full reimbursement of the grants paid under the grant agreements concluded under the Information and Communication Technology (ICT) Policy Support Programme – Act not constituting a decision adversely affecting the applicant – No infringement of the right to good administration and of the rights of the defence (Charter of Fundamental Rights of the European Union, Art. 41(2)(a)) (see paragraphs 44, 46, 48, 49) 2. Appeal – Grounds – Inadequate statement of reasons – Reliance by the General Court on implied reasoning – Whether permissible (Art. 256 TFEU; Statute of the Court of Justice, Arts 36 and 53, first para.) (see paragraphs 58-62) 3. Judicial proceedings – General Court seised under an arbitration clause – Jurisdiction of the General Court – Scope – Power not to examine the merits of grounds which are inadmissible or ineffective (Art. 272 TFEU) (see paragraphs 71-73) Operative part The Court: 1. Dismisses the appeal; 2. Orders Health Information Management (HIM) to bear its own costs and to pay those incurred by the European Commission. 1 OJ C 391, 27.9.2021.