Judgment — ECLI:EU:T:2009:250
Date: 2009-07-08
Language of the case: French
Court formation: Seventh Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Provisions governing the Institutions;Research and technological development;Access to documents
Concepts: General;Statement of reasons;Pleas in law;Culture
Procedure: Action for annulment - unfounded;Action for damages - unfounded
Origin: Belgium

Judgment of the Court of First Instance (Seventh Chamber) of 8 July 2009 – Zenab v Commission (Case T-33/06) Community financial support – Programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus) – Call for proposals – Rejection of the proposal – Alleged unlawful delegation of powers transferred to the Commission – Manifest errors of assessment – Obligation to state reasons – Access to documents – Action for annulment and for compensation 1. Culture – Community Programmes – MEDIA Plus Programme (Council Decision 2000/821, Arts 8(2) and 10) (see paras 58-75, 94-128) 2. Actions for annulment – Pleas in law (see para. 76) 3. Acts of the institutions – Statement of reasons – Obligation – Scope – Commission decision refusing the grant of financial assistance under a programme for encouraging the development and distribution of European audiovisual works(Art. 253 EC) (see paras 137-155) 4. Non-contractual liability – Conditions (Art. 288, second para., EC) (see paras 162-163) Re: ACTION, first, for annulment of the Commission’s Decision of 9 November 2005 with reference number 648599 and, secondly, for a finding that the European Community is non-contractually liable, for an order that the Commission should pay to the applicant the sum of EUR 37 807 as compensation for the costs incurred in the context of the call for proposals, the amount of the non-material loss because of damage to reputation and the amount of the material loss resulting from the delay in the implementation of the EuroVOD project, and for the appointment of an expert to assess that loss. Operative part The Court: 1. Dismisses the action; 2. Orders Zenab SPRL to pay the costs.