CELEX: 62009TJ0285
Language: en
Date: 2011-09-15
Title: Judgment of the General Court (Eighth Chamber) of 15 September 2011. # Centre d’étude et de valorisation des algues SA (CEVA) v European Commission. # Specific programme for research and technological development in the field of research into living resources - Project Seapura - Grant agreement - Arbitration clause - Application for the reimbursement of sums paid in advance under a research financing contract - Reminder letters - Action for annulment - Inadmissibility. # Case T-285/09.

Judgment of the General Court (Eighth Chamber) of 15 September 2011 – CEVA v Commission
      (Case T-285/09)
      Specific programme for research and technological development in the field of research into living resources – Project Seapura – Grant agreement – Arbitration clause – Application for the reimbursement of sums paid in advance under a research financing contract – Reminder letters – Action for annulment – Inadmissibility
      1.                     Actions for annulment – Action relating in reality to a contractual dispute – Reclassification of the action – Not included
            (Arts 230 EC and 238 EC) (see paras 34-35)
      2.                     Actions for annulment – Action relating in reality to a contractual dispute – Annulment of reminder letters from the Commission
            seeking repayment of a subsidy – Lack of jurisdiction of the EU judicature – Inadmissibility (Arts 230 EC and 249 EC) (see
            paras 45-48)
      Re:
      
         
               APPLICATION for the annulment of the four reminder letters of the Commission dated 11 May 2009, by which it invited the applicant
                  to reimburse the amount paid to it under a grant agreement concluded for a project to be carried out in the context of the
                  specific programme for research and technological development, entitled ‘Quality of Life and Management of Living Resources’.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action as inadmissible;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Centre d'étude et de valorisation des algues SA (CEVA) to pay the costs.