Judgment of the Court (Second Chamber) of 11 June 2015 — EMA v Commission

(Case C‑100/14 P) ( 1 )

‛Appeal — Arbitration clause — Contracts Cocoon and Dicoems, concluded under the Sixth Framework Programme for Research, Technological Development and Demonstration, contributing to the creation of the European Research Area and to innovation (2002-2006) — Irregularities — Ineligible expenses — Termination of the contracts’

1. Appeals — Subject-matter — Form of order seeking to have the case referred back to the General Court — Admissibility (Statute of the Court of Justice, Art. 61, first para.; Rules of Procedure of the Court of Justice, Arts 169 and 170(2)) (see paras 41, 42)

2. EU budget — Union financial assistance — Obligation of the beneficiary to comply with the conditions for the granting of the assistance — Finance concerning only expenses actually incurred (European Parliament and Council Decision No 1513/2002) (see paras 48-50)

3. Judicial proceedings — Statement of reasons for judgments — Scope (Statute of the Court of Justice, Art. 36) (see point 67)

4. Appeals — Grounds — Inadequate or contradictory grounds — Admissibility — Scope of the obligation to state reasons — Reliance by the General Court on implied reasoning — Lawfulness — Conditions (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 75)

5. Appeals — Grounds — Review by the Court of the General Court’s assessment of the need to provide additional information — Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Rules of Procedure of the General Court, Art. 64) (see para. 80)

6. Appeals — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Inadmissibility — Challenge to the interpretation or application of the General Court’s assessment of EU law — Admissibility (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see paras 91-93, 108)

7. EU law — Principles — Equal treatment — Concept (see para. 116)

8. EU law — Principles — Rights of defence — Audi alteram partem rule — Scope (see para. 120)

9. Appeals — Grounds — Plea directed against a superfluous ground — Invalid plea in law — Rejection (Art. 256(1) TFEU) (see para. 125)

Operative part

1. The appeal is dismissed.

2. Association médicale européenne (EMA) is ordered to pay the costs.

( 1 ) OJ C 129, 28.4.2014.

Judgment of the Court (Second Chamber) of 11 June 2015 — EMA v Commission

(Case C‑100/14 P) ( 1 )

‛Appeal — Arbitration clause — Contracts Cocoon and Dicoems, concluded under the Sixth Framework Programme for Research, Technological Development and Demonstration, contributing to the creation of the European Research Area and to innovation (2002-2006) — Irregularities — Ineligible expenses — Termination of the contracts’

1. Appeals — Subject-matter — Form of order seeking to have the case referred back to the General Court — Admissibility (Statute of the Court of Justice, Art. 61, first para.; Rules of Procedure of the Court of Justice, Arts 169 and 170(2)) (see paras 41, 42)

2. EU budget — Union financial assistance — Obligation of the beneficiary to comply with the conditions for the granting of the assistance — Finance concerning only expenses actually incurred (European Parliament and Council Decision No 1513/2002) (see paras 48-50)

3. Judicial proceedings — Statement of reasons for judgments — Scope (Statute of the Court of Justice, Art. 36) (see point 67)

4. Appeals — Grounds — Inadequate or contradictory grounds — Admissibility — Scope of the obligation to state reasons — Reliance by the General Court on implied reasoning — Lawfulness — Conditions (Art. 256 TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 75)

5. Appeals — Grounds — Review by the Court of the General Court’s assessment of the need to provide additional information — Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Rules of Procedure of the General Court, Art. 64) (see para. 80)

6. Appeals — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Inadmissibility — Challenge to the interpretation or application of the General Court’s assessment of EU law — Admissibility (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see paras 91-93, 108)

7. EU law — Principles — Equal treatment — Concept (see para. 116)

8. EU law — Principles — Rights of defence — Audi alteram partem rule — Scope (see para. 120)

9. Appeals — Grounds — Plea directed against a superfluous ground — Invalid plea in law — Rejection (Art. 256(1) TFEU) (see para. 125)

Operative part

1. The appeal is dismissed.

2. Association médicale européenne (EMA) is ordered to pay the costs.

( 1 ) OJ C 129, 28.4.2014.