Judgment — ECLI:EU:T:2017:89
Date: 2017-02-16
Language of the case: Spanish
Court formation: Fifth Chamber
Subject matter: Space;Research and technological development
Procedure: Action for annulment - unfounded;Action for damages - unfounded;Application for measures of inquiry - unfounded
Origin: Spain

summary of the pleas in law on which the application is based — Abstract statement — Inadmissibility (Rules of Procedure of the General Court, Art. 76(d)) (see para. 21) 2. Actions for annulment — Grounds — Lack of competence of the institution which adopted the contested measure — Ground involving a question of public policy (Art. 263 TFEU) (see paras 25, 26) 3. Actions for annulment — Grounds — Misuse of powers — Concept (Art. 263 TFEU) (see para. 42) 4. 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) (see paras 50-53) 5. Non-contractual liability — Conditions — Unlawfulness — Damage — Causal link — Actual and certain damage — Burden of proof (Art. 340, second para., TFEU) (see paras 137-141, 155) Re: First, application based on Article 263 TFEU and seeking annulment of the decision of the REA of 24 July 2014 (ARES (2014) 2461172), terminating negotiations and rejecting the participation of the applicant in the European projects Inachus and ZONeSEC and, second, application based on Article 268 TFEU and seeking compensation for the damage allegedly suffered by the applicant as a result of its exclusion from participation in the said projects and from the communication of certain information concerning the applicant following that decision. Operative part The Court: 1. Dismisses the action; 2. Orders Holistic Innovation Institute, SLU to pay the costs in the present proceedings; 3. Orders each party to bear its own costs relating to the interlocutory proceedings.