Judgment of the General Court (First Chamber) of 20 June 2018 –KV v Commission
(Case T‑104/15)
(Grant agreements concluded in the context of the Lifelong Learning Programme (2007-2013) — ‘Green Business is Smart Business’ and ‘LadybizIT: Woman entrepreneurship on the verge of ICT’ projects — Ineligible costs — Action for annulment — Lack of competence of the Commission)
1.      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 para. 38)
2.      EU agencies — Education, Audiovisual and Culture Executive Agency (EACEA) — Appeals procedure — Decision declaring certain staff costs to be ineligible in the light of the grant agreements concluded in the context of the Lifelong Learning Programme — Possibility for the legality of that decision to be reviewed by the Commission — None — Lack of competence of the Commission
(Council Regulation No 58/2003, Art. 22)
(see paras 46-50)
3.      Judicial proceedings — General Court seised under an arbitration clause — Capacity to be a defendant — Grant agreements concluded in the context of the Lifelong Learning Programme — Agreements concluded with the Education, Audiovisual and Culture Executive Agency (EACEA) — Action directed against the Commission — Inadmissibility
(Art. 272 TFEU; Council Regulation No 58/2003)
(see paras 51, 52)
Re:
Application based on Article 263 TFEU and seeking the annulment of Commission Implementing Decision C(2014) 9706 final of 16 December 2014, which dismissed as unfounded the appeal brought by the applicant against the decision of EACEA of 23 September 2014 declaring certain staff costs to be ineligible in the light of the grant agreements concluded on 30 September 2010 and 9 September 2011 between the applicant and EACEA for the implementation of the European projects ‘Green Business is Smart Business’ and ‘LadybizIT: Woman entrepreneurship on the Verge of ICT’.
Operative part
The Court:
1.
Annuls Commission Implementing Decision C(2014) 9706 final of 16 December 2014;
2.
Dismisses the remainder of the action as inadmissible;
3.
Orders the European Commission to bear its own costs and to pay those incurred by KV;
2.
Dismisses the remainder of the action as inadmissible;
3.
Orders the European Commission to bear its own costs and to pay those incurred by KV;
4.
Orders the Education, Audiovisual and Culture Executive Agency (EACEA) to bear its own costs.
3.
Orders the European Commission to bear its own costs and to pay those incurred by KV;
4.
Orders the Education, Audiovisual and Culture Executive Agency (EACEA) to bear its own costs.
4.
Orders the Education, Audiovisual and Culture Executive Agency (EACEA) to bear its own costs.