Judgment of the General Court (Second Chamber) of 25 April 2012 — Movimondo Onlus v Commission

(Case T‑329/05)

‛Arbitration clause — Framework agreement between ECHO and humanitarian organisations — Grant agreements — Suspension of payments’

1. Procedure — Referral to the General Court under an arbitration clause — Framework partnership agreement between the Humanitarian Aid Office (ECHO) and humanitarian organisations — Prior conciliation procedure before action — Said procedure not used by the parties — Difference not capable of amicable resolution — Admissibility (Art. 272 TFEU) (see paras 17-18)

2. Commission — Powers — Implementation of the Community budget — Decision to recover by set-off — Balances owed by the Union under subsidy agreements concluded in the context of a framework agreement between the Humanitarian Aid Office (ECHO) and humanitarian organisations — Retroactive effect of compensation as from the meeting of the conditions allowing it to operate — Consequences (Council Regulation No 1605/2002, Art. 73; Commission Regulation No 2342/2002, Art. 83) (see para. 40)

3. Actions for annulment — Action relating in reality to a contractual dispute — Lack of jurisdiction of the Community judicature — Inadmissibility (Arts 263 TFEU, 272 TFEU and 288 TFEU) (see paras 44-45)

Re:

Principal claim, under Article 238 EC, for the payment of amounts under grant agreements and, in the alternative, annulment of two letters from the Commission dated 17 June and 27 July 2005.

Operative part

The Court:

1. Dismisses the action;

2. Orders Movimondo Onlus – Organizzazione non governativa di cooperazione e solidarietà internazionale to pay the costs.

Judgment of the General Court (Second Chamber) of 25 April 2012 — Movimondo Onlus v Commission

(Case T‑329/05)

‛Arbitration clause — Framework agreement between ECHO and humanitarian organisations — Grant agreements — Suspension of payments’

1. Procedure — Referral to the General Court under an arbitration clause — Framework partnership agreement between the Humanitarian Aid Office (ECHO) and humanitarian organisations — Prior conciliation procedure before action — Said procedure not used by the parties — Difference not capable of amicable resolution — Admissibility (Art. 272 TFEU) (see paras 17-18)

2. Commission — Powers — Implementation of the Community budget — Decision to recover by set-off — Balances owed by the Union under subsidy agreements concluded in the context of a framework agreement between the Humanitarian Aid Office (ECHO) and humanitarian organisations — Retroactive effect of compensation as from the meeting of the conditions allowing it to operate — Consequences (Council Regulation No 1605/2002, Art. 73; Commission Regulation No 2342/2002, Art. 83) (see para. 40)

3. Actions for annulment — Action relating in reality to a contractual dispute — Lack of jurisdiction of the Community judicature — Inadmissibility (Arts 263 TFEU, 272 TFEU and 288 TFEU) (see paras 44-45)

Re:

Principal claim, under Article 238 EC, for the payment of amounts under grant agreements and, in the alternative, annulment of two letters from the Commission dated 17 June and 27 July 2005.

Operative part

The Court:

1. Dismisses the action;