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Dokumentum 62016TO0010(01)
Order of the President of the General Court of 6 April 2016.
GABO:mi Gesellschaft für Ablauforganisation:milliarium mbH & Co. KG v European Commission.
Application for interim measures — Grants — Sixth and seventh framework programmes of the European Community for research, technological development and demonstration activities (2002-2006 and 2007-2013) — Letters requesting the repayment of part of the grants awarded — Debit note — Application for suspension of operation — Admissibility — Lack of urgency.
Case T-10/16 R.
Order of the President of the General Court of 6 April 2016.
GABO:mi Gesellschaft für Ablauforganisation:milliarium mbH & Co. KG v European Commission.
Application for interim measures — Grants — Sixth and seventh framework programmes of the European Community for research, technological development and demonstration activities (2002-2006 and 2007-2013) — Letters requesting the repayment of part of the grants awarded — Debit note — Application for suspension of operation — Admissibility — Lack of urgency.
Case T-10/16 R.
Határozatok Tára – Általános EBHT – „A közzé nem tett határozatokra vonatkozó információk” rész
Order of the President of the General Court of 6 April 2016 — GABO:mi v Commission
(Case T‑10/16 R)
‛Application for interim measures — Grants — Sixth and seventh framework programmes of the European Community for research, technological development and demonstration activities (2002-2006 and 2007-2013) — Letters requesting the repayment of part of the grants awarded — Debit note — Application for suspension of operation — Admissibility — Lack of urgency’
1. |
Application for interim measures — Suspension of operation of a measure — Admissibility criteria — Prima facie admissibility of the main action — Summary examination of the main action by the court hearing the application for interim measures — Measures not producing binding legal effects — Measures not capable of forming the subject-matter of an annulment action — Measures inseparable from the contractual relations existing between the Commission and the applicant — Debit note and information letters issued by the Commission constituting a mere formal notice and not having executory force — Inadmissibility (Arts 263 TFEU, 272 TFEU and 299 TFEU; Rules of Procedure of the General Court, Art. 156) (see paras 14-16, 23-27) |
2. |
Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Serious and irreparable damage — Damage having already occurred — Reparation outside the purpose of the interim proceedings (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156) (see paras 22, 48) |
3. |
Actions for annulment — Action relating in reality to a contractual dispute — Reclassification of the action — Conditions (Arts 263 TFEU and 272 TFEU; Rules of Procedure of the General Court, Art. 76(d)) (see para. 28) |
4. |
Application for interim measures — Suspension of operation of a measure — Admissibility criteria — Prima facie admissibility of the main action — Cumulative invocation of the contractual and non-contractual legal bases of the dispute — Inadmissibility of the application for interim relief by reason of the prima facie inadmissibility of the non-contractual aspect of the main action — Admissibility of the same application by reason of the prima facie admissibility of the contractual aspect of the main action (Arts 263 TFEU and 272 TFEU) (see paras 29-32) |
5. |
Application for interim measures — Admissibility criteria — Application — Formal requirements — Vague and imprecise indication of the subject-matter of the application — Inadmissibility (Rules of Procedure of the General Court, Arts 76(e) and 156(4)) (see para. 33) |
6. |
Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Serious and irreparable damage — Cumulative nature — Balancing of all the interests involved — Order of examination and method of verification — Discretion of the court hearing the application for interim relief (Arts 256(1) TFEU, 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(3)) (see paras 34, 35) |
7. |
Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Damage foreseeable with a reasonable degree of probability (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(3)) (see para. 46) |
8. |
Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Non-material damage not capable of being better remedied at the interim stage than in the main proceedings — No urgency (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(3)) (see para. 49) |
9. |
Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Urgency — Serious and irreparable damage — Burden of proof — Financial loss — Situation liable to endanger the existence of the applicant company — Assessment having regard to the situation of the group to which the undertaking and its shareholders belong — Group legally incapable of providing financial assistance — Insufficient evidence in that regard (Arts 278 TFEU and 279 TFEU) (see paras 51, 52, 56, 61, 63-65) |
10. |
Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Urgency — Burden of proof — Obligation to provide concrete and precise indications, supported by detailed documentary evidence, from the lodging of the application (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(3)) (see paras 53, 54, 79, 80) |
11. |
Application for interim measures — Suspension of operation of a measure — Interim measures — Conditions for granting — Prima facie case — Prima facie examination of the pleas in law put forward in support of the main action (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(3)) (see para. 68) |
12. |
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 — Production of accounting documents in accordance with the technical conditions laid down for the granting of the subsidy concerned and capable of review in the context of an audit — None — Ineligible expenses (Art. 317 TFEU) (see paras 76, 77, 82) |
13. |
Application for interim measures — Formal requirements — Submission of applications — Brief summary of the pleas in law on which the application is based — Insufficient explanation of the grounds constituting a prima facie case — General reference to other documents — Inadmissibility (Arts 278 TFEU and 279 TFEU; Rules of Procedure of the General Court, Art. 156(3)) (see para. 79) |
14. |
EU budget — EU financial assistance — Obligation on the beneficiary to comply with the conditions for grant of the assistance — Contracts concluded under a specific research, technological development and demonstration programme — Extend of EU financing in favour of a particular project — Total operating costs of the beneficiary undertaking — Not included (Art. 317 TFEU) (see para. 83) |
Re:
APPLICATION for suspension of operation of, first, two letters from the Commission dated 2 December 2015 informing the applicant that it would proceed with the recovery of a part of the grants that had been awarded to it in the context of the Commission’s sixth and seventh framework programmes for research, technological development and demonstration activities (2002-2006 and 2007-2013) and, secondly, a Commission debit note ordering it to pay EUR 1770417.29 by 15 January 2016 at the latest.
Operative part
1. |
The application for interim measures is dismissed. |
2. |
The order of 18 January 2016 delivered in Case T‑10/16 R is cancelled. |
3. |
Costs are reserved. |