Case T-641/20: Judgment of the General Court of 29 June 2022 — Leonine Distribution v Commission (Culture — Creative Europe Programme (2014 to 2020) — MEDIA sub-programme — Call for Proposals EACEA/05/2018 — Decision of the EACEA rejecting the applicant’s application on the ground of failure to comply with the eligibility conditions — Commission decision dismissing the administrative appeal relating to the EACEA’s decision — Concept of ‘European company’ — Grant open only to applicants owned, directly or by majority participation, by nationals of EU Member States or by nationals of other European countries participating in the sub-programme — Errors of assessment — Failure to examine the documents annexed to the proposal — Proportionality)
Date: 2022-06-29
Institutions: General Court
Subjects: EU programme, European company, eligibility criteria, executive agency, film industry, mass media, national, principle of proportionality, shareholder, shareholding








C_2022311EN.01001002.xml










16.8.2022   


EN


Official Journal of the European Union


C 311/10






Judgment of the General Court of 29 June 2022 — Leonine Distribution v Commission
(Case T-641/20) (1)

(Culture - Creative Europe Programme (2014 to 2020) - MEDIA sub-programme - Call for Proposals EACEA/05/2018 - Decision of the EACEA rejecting the applicant’s application on the ground of failure to comply with the eligibility conditions - Commission decision dismissing the administrative appeal relating to the EACEA’s decision - Concept of ‘European company’ - Grant open only to applicants owned, directly or by majority participation, by nationals of EU Member States or by nationals of other European countries participating in the sub-programme - Errors of assessment - Failure to examine the documents annexed to the proposal - Proportionality)
(2022/C 311/14)
Language of the case: English

Parties


Applicant: Leonine Distribution GmbH (Munich, Germany) (represented by: J. Kreile, lawyer)

Defendant: European Commission (represented by: W. Farrell and A. Katsimerou, acting as Agents)

Intervener in support of the defendant: European Education and Culture Executive Agency (represented by: H. Monet, N. Sbrilli and V. Kasparian, acting as Agents)

Re:

By its action based on Article 263 TFEU, the applicant seeks annulment of Commission Implementing Decision C(2020) 5515 final of 10 August 2020 dismissing the administrative appeal brought under Article 22(1) of Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (OJ 2003 L 11, p. 1) against the decision of the European Education and Culture Executive Agency (EACEA) of 12 May 2020 rejecting its application for a grant in the context of the call for proposals ‘Support for the distribution of non-national films — Distribution Automatic Scheme’ (EACEA/05/2018).

Operative part of the judgment

The Court:






1.


Dismisses the action;










2.


Orders Leonine Distribution GmbH to bear its own costs and to pay the costs incurred by the European Commission;










3.


Orders the European Education and Culture Executive Agency (EACEA) to bear its own costs.






(1)  OJ C 19, 18.1.2021.