Judgment of the General Court (Seventh Chamber) of 8 March 2018 –

Rose Vision v Commission

(Cases T‑45/13 RENV and T‑587/15)

(Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Grant agreement concerning the FIRST, FutureNEM, sISI, 4NEM and SFERA projects — Deadline for providing the final financial audit report — Financial audits finding anomalies in the implementation of the projects — Suspension of payments — Confidentiality of financial audits — Eligibility of the costs declared — Non-contractual liability — Repayment of the sums advanced — Harm caused by listing in the early warning system)

1. Judicial proceedings—Judgment of the Court of Justice binding the General Court—Conditions—Reference back following an appeal—Points of law finally determined by the Court of Justice in the context of the appeal—Res judicata—Scope (Statute of the Court of Justice, Arts 53, first para. and 61; Rules of Procedure of the General Court, Art. 215) (see para. 45)

2. Judicial proceedings—Subject-matter of the dispute—Alteration once proceedings have been started—Prohibition (Rules of Procedure of the General Court, Arts 76(1)(d) and 84(2)) (see para. 57)

3. Actions for annulment—Action against a decision forming a writ of execution—Decision open to challenge on the basis of Article 263 TFEU—Admissibility—Pleas relating to contractual stipulations and the applicable national law—Inadmissibility (Arts 263 TFEU, 288 TFEU and 299 TFEU) (see paras 69, 70)

4. Judicial proceedings—Objection of lis pendens—Same parties, subject-matter and submissions in two actions—Inadmissibility of the second action (see para. 88)

5. EU budget—EU financial assistance—Obligation on the beneficiary to comply with the conditions for grant of the assistance—Financing covering only expenses actually incurred—Demonstration that the expenses actually incurred—None—Ineligible expenses—Proper technical implementation of projects forming the subject-matter of EU financial assistance—Irrelevant (Art. 317 TFEU) (see para. 95)

6. Judicial proceedings—General Court seised under an arbitration clause—Pleas in law—Breach of the principles of legitimate expectations and legal certainty—Invalid plea in law—Rejection (Art. 272 TFEU) (see para. 110)

7. EU budget—EU financial assistance—Obligation on the beneficiary to comply with the conditions for grant of the assistance—Justification of costs incurred—Proceedings by the Commission for recovery of advances paid—Burden of proof (Arts 272 TFEU and 317 TFEU) (see paras 163, 166)

8. Non-contractual liability—Conditions—Unlawfulness—Damage—Causal link—Cumulative conditions—Obligation on the court to examine in a given order—None—One of those conditions not met—Claim for compensation dismissed in its entirety (Art. 340, second para., TFEU) (see paras 203-207)

9. Non-contractual liability—Damage—Damage for which compensation is available—Damage suffered as a result of the suspension of payments to the applicant under the grant agreements following the inclusion of its name in the early warning system for the use of Commission authorising officers and executive agencies—Not included (Art. 340, second para., TFEU) (see para. 210)

Re:

In Case T‑45/13 RENV, first, application under Article 272 TFEU for a declaration of breach of the contractual terms applicable the FutureNEM project, second, application under Article 272 TFEU for damages in respect of the harm allegedly suffered by the applicant as a consequence of the Commission’s breach of those contractual terms, third, application under Article 268 TFEU for damages in respect of the harm allegedly suffered by the applicant as a consequence of its listing in the early warning system (EWS) and, fourth, application under Article 263 TFEU for the annulment of the decision on the listing of the applicant’s name in the EWS and, in Case T‑587/15, first, in essence, application under Article 272 TFEU for a declaration of breach of the contractual terms applicable to the FIRST, FutureNEM, sISI, 4NEM and SFERA projects, second, application under Article 272 TFEU for a declaration that the applicant is not liable to the Commission in the amount claimed from it, for damages in respect of the harm allegedly suffered by the applicant as a consequence of the breach of the contractual terms by the Commission and an order finding the Commission liable to pay the amounts owed in respect of its participation in those projects, third, application under Article 268 TFEU for damages in respect of the harm allegedly suffered as a consequence of listing the applicant’s name in the EWS and, fourth, application under Article 263 TFEU for the annulment of Commission Decision C(2015) 5449 final of 28 July 2015 on recovery in the total amount of EUR 535 613.20 owed by the applicant, plus interest.

Operative part

The Court:

1. Joins Cases T‑45/13 RENV and T‑587/15 for the purpose of the judgment;

2. Dismisses the actions;