CELEX: 62009CO0350
Language: en
Date: 2010-05-12 00:00:00
Title: Order of the Court (Seventh Chamber) of 12 May 2010. # Centre de promotion de l'emploi par la micro-entreprise v European Commission. # Appeal - European Social Fund - Financial assistance - Cancellation. # Case C-350/09 P.

Order of the Court (Seventh Chamber) of 12 May 2010 – CPEM v Commission
      (Case C‑350/09 P)
      Appeal – European Social Fund – Financial assistance – Cancellation
      1.                     Appeals – Grounds – Claims unsupported by any specific plea in law – Inadmissibility (Art. 225(1)(2) EC; Statute of the Court
            of Justice, Art. 58(1); Rules of Procedure of the Court of Justice, Art. 112(1)(c)) (see paras 33-36)
      2.                     Appeals – Grounds – Mistaken assessment of the facts – Inadmissibility – Review by the Court of Justice of the assessment
            of the evidence – Possible only where the clear sense of the evidence has been distorted – Legal classification of the facts
            – Admissibility (Art. 225(1) EC; Statute of the Court of Justice, Art. 58(1)) (see paras 40-44)
      3.                     Appeals – Grounds – Inadequate statement of reasons – Admissibility – Scope of the obligation to state reasons – Reliance
            by the Court of First Instance on implied reasoning – Whether permissible (Art. 225(1) EC; Statute of the Court of Justice,
            Art. 58(1)) (see para 51)
      4.                     Appeals – Grounds – Plea submitted for the first time in the context of the appeal – Inadmissibility (see para 72)
      5.                     Community law – Principles – Rights of the defence – Application to all proceedings brought against a person that may lead
            to an act adversely affecting that person – Principle that must be guaranteed even when there are no rules governing the proceedings
            in question – Scope (see paras 75-79)
      Re:
      
         Appeal against the judgment of the Court of First Instance (Second Chamber) of 30 June 2009 in Case T–444/07 
               CPEM 
               v 
               Commission 
               dismissing the appellant’s application for annulment of Commission Decision C(2007) 4645 of 4 October 2007 cancelling the
                  assistance granted by the European Social Fund (ESF) by Decision C(1999) 2645 of 17 August 1999 – Microprojects promoting
                  employment and social cohesion – Infringement of the rights of the defence and the principle of equal treatment – Failure
                  to take into account the concept of ‘co-responsibility’ – Failure to observe the principle of legal certainty as a result
                  of the existence of several different versions of the ‘Promoter’s Guide’ – Doubts as to the applicability of Council Regulation
                  No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ
                  2002 L 248, p. 1) on which OLAF’s decision was based.
               
            Operative part:
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Dismisses the appeal; 
               
            
         
                  2.
               
               
                  
               
               
                  	Orders the Centre de promotion de l'emploi par la micro-entreprise (CPEM) to pay the costs.