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Document 62014CO0102
Order of the Court (Fifth Chamber) of 29 September 2016.
Investigación y Desarrollo en Soluciones y Servicios IT, SA v European Commission.
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Contracts in respect of EU financial support for projects in the research and development field — Audit report identifying irregularities — Decision to recover advances paid by the European Commission — Action for annulment — Decision to suspend payments — Action to establish non-contractual liability — Decision not to conclude a contract — Action for damages — Inadmissibility.
Case C-102/14 P.
Order of the Court (Fifth Chamber) of 29 September 2016.
Investigación y Desarrollo en Soluciones y Servicios IT, SA v European Commission.
Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Contracts in respect of EU financial support for projects in the research and development field — Audit report identifying irregularities — Decision to recover advances paid by the European Commission — Action for annulment — Decision to suspend payments — Action to establish non-contractual liability — Decision not to conclude a contract — Action for damages — Inadmissibility.
Case C-102/14 P.
Court reports – general – 'Information on unpublished decisions' section
Order of the Court (Fifth Chamber) of 29 September 2016 — Investigación y Desarrollo en Soluciones y Servicios IT v Commission
(Case C‑102/14 P) ( *1 )
‛Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Contracts in respect of EU financial support for projects in the research and development field — Audit report identifying irregularities — Decision to recover advances paid by the European Commission — Action for annulment — Decision to suspend payments — Action to establish non-contractual liability — Decision not to conclude a contract — Action for damages — Inadmissibility)’
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Actions for annulment — Action relating in reality to a contractual dispute — Annulment of a debit note issued by the Commission — Lack of jurisdiction of the EU judicature — Inadmissibility (Arts 263 TFEU and 299 TFEU) (see paras 55, 58, 59) |
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Fundamental rights — Right to effective judicial protection — Limits — Compliance with the conditions governing the admissibility of an action (Art. 6(1), third para., TEU; Charter of Fundamental Rights of the European Union, Arts 47, first para and 52(7)) (see para. 63) |
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Appeal — Grounds — Order of the General Court dismissing an action for annulment as manifestly inadmissible — Pleas raised in support of the appeal relating to substantive issues — Pleas which are manifestly unfounded (Art. 256 TFEU; Rules of Procedure of the Court of Justice, Art. 181) (see paras 70, 71, 91) |
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Actions for damages — Autonomy in relation to the action for annulment — Action seeking the withdrawal of an individual decision which has become definitive — Inadmissibility (Art. 268 TFEU) (see para. 80) |
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Actions for damages — Jurisdiction of the EU judicature — Limits — Character of the liability pleaded — Verification by the court — Action involving assessment of rights and obligations of a contractual nature (Art. 340 TFEU) (see para. 98) |
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Judicial proceedings — Application initiating proceedings — Formal requirements — Brief summary of the pleas in law on which the application is based — Review by the Court of its own motion (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 113) |
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Appeal — Grounds — Mere repetition of the pleas and arguments put forward before the General Court — Inadmissibility — Challenge to the interpretation or application of the General Court’s assessment of EU law — Admissibility (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168(1)(d)) (see paras 117, 118) |
Operative part
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The appeal is dismissed. |
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Investigación y Desarrollo en Soluciones y Servicios IT SA shall pay the costs relating to the appeal. |
( *1 ) OJ C 135, 5.5.2014.