Order of the Court of First Instance (Second Chamber) of 30 June 2009 – CPEM v Commission

(Case T-106/08)

Action for annulment – Debit note – Non-actionable measure – Confirmatory measure – Inadmissibility – Action for compensation – Action clearly without legal foundation

1.                     Actions for annulment – Actionable measures – Concept (Art. 230 EC) (see paras 25, 29)

2.                     Non-contractual liability – Conditions (Arts 235 EC and 288, second para., EC) (see paras 40-41)

Re:

APPLICATION for annulment of debit note No 3240912189 of 17 December 2007 relating to Commission Decision C(2007) 4645 of 4 October 2007, cancelling the assistance granted to CPEM by the European Social Fund (ESF) by Decision C(1999) 2645 of 17 August 1999.

Operative part

1.

The application for annulment is dismissed as inadmissible.

2.

The claim for compensation is dismissed as clearly without legal foundation.

3.

Centre de promotion de l’emploi par la micro-entreprise (CPEM) is ordered to pay the costs including those relating to the application for interim measures.