62020TO0654(01)_INF
Order of the General Court (Ninth Chamber) of 14 September 2021 –Silex v Commission and Eismea
(Case T‑654/20)
(Action for annulment – ‘Horizon 2020’ Framework Programme for Research and Innovation (2014-2020) – Debit note issued by EASME – Identification of the defendant – Inadmissibility)
Action for annulment – Admissibility criteria – Action against the author of the contested measure – Exceptions – Measures adopted under delegated powers imputable to the delegating institution – Measures signed by the Executive Agency for Small and Medium-sized Enterprises (EASME) – Competence of EASME to adopt those measures – Action directed against the Commission – Inadmissibility
(Commission Decision 2013/771, Art. 3(3)(b); general conditions of the grant agreement, Art. 44.1.2)
(see paras 26-33)
Re:
Application under Article 263 TFEU seeking annulment of debit note No 3242009492 of 18 August 2020 issued by the Executive Agency for Small and Medium-sized Enterprises (EASME), seeking payment from the applicant of the sum of EUR 55 454.44, and of letter Ares(2020) 4309529 sending that debit note, by which EASME categorised certain staff costs and indirect costs as ineligible.
Operative part
1.
The action is dismissed as inadmissible in so far as it is directed against the European Commission.
2.
Silex Ipari Automatizálási Zrt. (Silex Zrt.) shall bear its own costs and pay the costs incurred by the Commission relating to the proceedings on the plea of inadmissibility.