Keywords

Summary



Keywords

1 Actions for annulment - Time-limits - Point from which time starts to run - Act neither published nor notified to the applicant - Precise knowledge of the content and grounds - Obligation, once aware of the measure's existence, to request the full text thereof within a reasonable period

(EC Treaty, Art. 173, fifth para.)

2 Acts of the institutions - Statement of reasons - Obligation - Scope - Commission decision refusing funding under a programme for the promotion of energy technology

(EC Treaty, Art. 190; Council Regulation No 2008/90)

3 Community law - Principles - Rights of the defence - Scope - Selection procedure for projects to receive Community funding - Not covered

4 Actions for annulment - Pleas in law - Misuse of powers - Definition

5 Appeals - Pleas in law - Mere repetition of the pleas in law and arguments submitted to the Court of First Instance - Inadmissible - Appeal dismissed

(EC Statute of the Court of Justice, Art. 51; Rules of Procedure of the Court of Justice, Art. 112(1)(c))

Summary

1 In the absence of publication or notification of an act, the period for bringing an action can begin to run only from the moment at which the third party concerned acquires precise knowledge of the content of the decision in question and of the reasons on which it is based provided, however, that, as soon as he learns of its existence, he requests the full text thereof within a reasonable period. Consistent with requirements related to the principle of legal certainty, where the addressees of an act have no knowledge of the precise content of an act, they must seek sufficient information with due diligence.

2 The statement of reasons required by Article 190 of the Treaty must be appropriate to the nature of the measure in question. It must show clearly and unequivocally the reasoning of the Community authority which adopted the measure so as to inform the persons concerned of the justification for the measure adopted and to enable the Court to exercise its powers of review. It is not, however, required to specify the various matters of fact and law dealt with in the measure, provided that the measure falls within the general scheme of the body of measures of which it forms part. The requirements to be satisfied by the statement of reasons depend, furthermore, on the circumstances of each case, in particular the content of the measure in question, the nature of the reasons given and the need for information of those to whom the measure is addressed or of other parties to whom it is of direct and individual concern within the meaning of the fourth paragraph of Article 173 of the Treaty.

In procedures for the selection of projects to receive funding under Regulation No 2008/90 concerning the promotion of energy technology in Europe (Thermie programme) - where the number of participants is high, the parties concerned are aware in advance of the criteria laid down by the regulation for selecting the various projects, provision is made for the participation of committees and the results are published - there can be no duty to provide a detailed statement of the reasons for a decision rejecting an application for financial support, including comparative information on the projects selected.

3 A person's right to a hearing before adoption of an act concerning that person arises only where the Commission contemplates the imposition of a penalty or the adoption of a measure likely to have an adverse effect on that person's legal position. As regards, in particular, the procedure for the selection of projects to receive funding as part of the promotion of energy technology in Europe (Thermie programme), where the number of participants is high, the fact that, once their project has been submitted, candidates are not as a general rule given a further opportunity to express their views during the selection procedure is explained, moreover, by the work entailed in evaluating a large number of projects.

4 Misuse of powers is the adoption by a Community institution of a measure with the exclusive or main purpose of achieving an end other than that stated or evading a procedure specifically prescribed by the Treaty for dealing with the circumstances of the case.

5 Pursuant to Article 51, first paragraph, of the EC Statute of the Court of Justice and Article 112(1)(c) of its Rules of Procedure, an appeal must indicate precisely the contested elements of the judgment which the appellant seeks to have set aside, and also the legal arguments specifically advanced in support of the appeal. That requirement is not satisfied by an appeal which confines itself to repeating or reproducing word for word the pleas in law and arguments previously submitted to the Court of First Instance, including those based on facts expressly rejected by that Court.