Order of the General Court (Third Chamber) of 22 July 2015 —

European Children’s Fashion Association and Instituto de Economía Pública v Commission and EACEA

(Case T‑724/14)

‛Action for annulment — Arbitration clause — Action programme ‘Lifelong Learning (2007-2013)’ — ‘Brand & Merchandising manager for SMEs in the children’s product sector’ project — Pre-information letter — Debit note — Identification of the defendant — Partial inadmissibility’

Actions for annulment — Admissibility criteria — Action against the author of the contested measure — Exceptions — Measures adopted under delegated powers attributable to the delegating institution — Acts signed by the Executive Agency ‘Education, Audiovisual and Culture’ (EACEA) — Competence of EACEA to adopt those acts — Action directed against the Commission — Inadmissibility (Art. 263 TFEU; Council Regulation No 58/2003; Commission Decision 2007/114/EC) (see paras 21-29, 35, 36)

Re:

Primarily, application, pursuant to Article 272 TFEU, seeking to have declared as unfounded EACEA’s request for recovery of grants paid to the first applicant under the agreement for the execution of the ‘Brand & Merchandising Manager for SMEs in the Children’s Product Sector’ project, or, in the alternative, application for annulment, first, of EACEA’s pre-information letter of 1 August 2014 informing the first applicant that it had to reimburse the sum of EUR 82 378.81 following the audit of the that project and, second, of debit note No 3241401420, issued by EACEA on 5 August 2014, seeking the reimbursement of that sum.

Operative part

1. The action is dismissed as inadmissible in so far as it relates to the European Commission.

2. European Children’s Fashion Association and Instituto de Economía Pública, SL are ordered to pay the costs of the proceedings.

Order of the General Court (Third Chamber) of 22 July 2015 —

European Children’s Fashion Association and Instituto de Economía Pública v Commission and EACEA

(Case T‑724/14)

‛Action for annulment — Arbitration clause — Action programme ‘Lifelong Learning (2007-2013)’ — ‘Brand & Merchandising manager for SMEs in the children’s product sector’ project — Pre-information letter — Debit note — Identification of the defendant — Partial inadmissibility’

Actions for annulment — Admissibility criteria — Action against the author of the contested measure — Exceptions — Measures adopted under delegated powers attributable to the delegating institution — Acts signed by the Executive Agency ‘Education, Audiovisual and Culture’ (EACEA) — Competence of EACEA to adopt those acts — Action directed against the Commission — Inadmissibility (Art. 263 TFEU; Council Regulation No 58/2003; Commission Decision 2007/114/EC) (see paras 21-29, 35, 36)

Re:

Primarily, application, pursuant to Article 272 TFEU, seeking to have declared as unfounded EACEA’s request for recovery of grants paid to the first applicant under the agreement for the execution of the ‘Brand & Merchandising Manager for SMEs in the Children’s Product Sector’ project, or, in the alternative, application for annulment, first, of EACEA’s pre-information letter of 1 August 2014 informing the first applicant that it had to reimburse the sum of EUR 82 378.81 following the audit of the that project and, second, of debit note No 3241401420, issued by EACEA on 5 August 2014, seeking the reimbursement of that sum.

Operative part

1. The action is dismissed as inadmissible in so far as it relates to the European Commission.