Order — ECLI:EU:T:1997:149
Date: 1997-10-03
Language of the case: Dutch
Court formation: Third Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Food aid;Development cooperation;External relations
Concepts: General
Procedure: Action for annulment - inadmissible
Origin: Belgium

Summary of the O r d e r 
Actions for annulment — Action constituting, in reality, an anion for performance of a contract 
— Lack of jurisdiction of the Community judicature — Action brought by a successful tenderer 
for the transport of food aid — Inadmissible 
(EC Treaty, Arts 173, 181 and 183) 
II - 1633 
SUMMARY — CASE T-186/96 
In the absence of an arbitration clause within 
the meaning of Article 181 of the Treaty, the 
Court of First Instance manifestly lacks 
jurisdiction, when proceedings for annul­
ment are brought before it on the basis of 
Article 173 of the Treaty, to adjudicate on an 
action which, in reality, constitutes a claim 
for performance based in contract. For the 
Court to do so would be to extend its juris­
diction beyond the limits placed by Article 
183 of the Treaty on the disputes of which it 
may take cognizance, since that article spe­
cifically gives national courts or tribunals 
ordinary jurisdiction over disputes to which 
the Community is a party. 
Consequently, proceedings for annulment 
brought by a successful tenderer for the 
transport of food aid to third countries 
against the Commission's refusal to pay it 
the whole of the transportation price are 
manifestly inadmissible, since an application 
of that kind, although lodged on the basis of 
Article 173 of the Treaty, constitutes, in real­
ity, an action for performance of a contract 
concluded between the tenderer and the 
Commission for the transport of the supplies 
in issue. 
II - 1634