Judgment of the Court (Grand Chamber) of 16 December 2008 — Masdar (UK) Ltd v Commission of the European Communities

(Case C-47/07 P) (1)

(Appeal - Second paragraph of Article 288 EC - Action alleging unjust enrichment on the part of the Community - Community assistance programmes - Irregularities on the part of the co-contractor of the Commission - Services provided by a subcontractor - Non-payment - Risks inherent in economic activities - Principle of the protection of legitimate expectations - Duty of care of the Community administration)

(2009/C 44/08)

Language of the case: English

Parties

Appellant: Masdar (UK) Ltd (represented by: A.P. Bentley, QC, and P. Green, barrister)

Other party to the proceedings: Commission of the European Communities (represented by: J. Enegren and M. Wilderspin, acting as Agents)

Re:

Appeal against the judgment of the Court of First Instance (Fifth Chamber) of 16 November 2006 in Case T-333/03 Masdar UK Ltd v Commission of the European Communities, dismissing as unfounded an action for damages in respect of loss allegedly suffered by the applicant following refusal by the Commission to pay it for services which it claims to have provided in connection with two projects under the TACIS Programme in Moldavia and Russia.

Operative part of the judgment

The Court:

(1)  OJ C 82, 14.4.2007.