CELEX: 62007TO0097
Language: en
Date: 2008-04-10 00:00:00
Title: Order of the Court of First Instance (Eighth Chamber) of 10 April 2008. # Imelios SA v Commission of the European Communities. # Application for annulment - Action for damages - Fifth framework programme of the Community for research, technological development and demonstration activities (1998-2002) - Arbitration clause - Debit note - Inadmissible. # Case T-97/07.

Order of the Court of First Instance (Eighth Chamber) of 10 April 2008 –Imelios v Commission
      (Case T-97/07)
      Application for annulment – Action for damages – Fifth framework programme of the Community for research, technological development and demonstration activities (1998-2002)
         – Arbitration clause – Debit note – Inadmissible
      
      1.                     Procedure – Legal basis of an action – Choice a matter for the applicant not the Community judicature (see para. 19)
      2.                     Actions for annulment – Action relating in reality to a contractual dispute – Lack of jurisdiction of the Community judicature
            – Inadmissibility (Arts 230 EC and 238 EC) (see paras 21-22, 27-30)
      3.                     Actions for annulment – Action relating in reality to a contractual dispute – Reclassification of the action – Inadmissibility
            (Arts 230 EC and 238 EC; Rules of Procedure of the Court of First Instance, Art. 44(1)(c)) (see paras 32-34)
      4.                     Procedure – Application initiating proceedings – Formal requirements – Brief summary of the pleas in law on which the application
            is based (Rules of Procedure of the Court of First Instance, Art. 44(1)(c) and (d)) (see paras 39-41)
      5.                     Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link (Art. 288, second para., EC; Rules of Procedure
            of the Court of First Instance, Art. 44(1)(c) and (d)) (see paras 45-47)
      Re:
      
         
               APPLICATION for, first, annulment of the decision adopted by the Commission following an audit report by the European Anti-Fraud
                  Office (OLAF) to recover, by way of the debit note of 17 January 2007, payments made in the framework of the contract, reference
                  number IST-1999-10934-Assist relating to the ‘Knowledge for Help Desk Operators’ programme, concluded in the context of the
                  Fifth Framework Programme of the Community for research, technological development and demonstration activities (1998-2002)
                  in the field of user-friendly information, second, a request for payment of EUR 34 368 in respect of an instalment of a grant
                  still to be paid under the contract and, third, a claim for compensation for damage allegedly suffered by the applicant as
                  a result of that decision.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the action;
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Imelios SA to bear its own costs and pay those incurred by the Commission.