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Document 62014TJ0706

    Judgment of the General Court (Fifth Chamber) of 16 February 2017.
    Holistic Innovation Institute, SLU v Research Executive Agency (REA).
    Research and technological development — Projects funded by the European Union in the field of research — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — ZONeSEC and Inachus projects — Decision refusing participation of the applicant — Action for annulment and liability.
    Case T-706/14.

    Court reports – general – 'Information on unpublished decisions' section

    Judgment of the General Court (Fifth Chamber) of 16 February 2017 — Holistic Innovation Institute v REA

    (Case T‑706/14)

    (Research and technological development — Projects funded by the European Union in the field of research — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — ZONeSEC and Inachus projects — Decision refusing participation of the applicant — Action for annulment and liability)

    1. 

    Judicial proceedings—Application initiating proceedings—Formal requirements—Identification of the subject-matter of the dispute—Brief summary of the pleas in law on which the application is based—Abstract statement—Inadmissibility

    (Rules of Procedure of the General Court, Art. 76(d))

    (see para. 21)

    2. 

    Actions for annulment—Grounds—Lack of competence of the institution which adopted the contested measure—Ground involving a question of public policy

    (Art. 263 TFEU)

    (see paras 25, 26)

    3. 

    Actions for annulment—Grounds—Misuse of powers—Concept

    (Art. 263 TFEU)

    (see para. 42)

    4. 

    Acts of the institutions—Statement of reasons—Obligation—Scope—Assessment of the duty to state reasons by reference to the circumstances of the case

    (Art. 296 TFEU)

    (see paras 50-53)

    5. 

    Non-contractual liability—Conditions—Unlawfulness—Damage—Causal link—Actual and certain damage—Burden of proof

    (Art. 340, second para., TFEU)

    (see paras 137-141, 155)

    Re:

    First, application based on Article 263 TFEU and seeking annulment of the decision of the REA of 24 July 2014 (ARES (2014) 2461172), terminating negotiations and rejecting the participation of the applicant in the European projects Inachus and ZONeSEC and, second, application based on Article 268 TFEU and seeking compensation for the damage allegedly suffered by the applicant as a result of its exclusion from participation in the said projects and from the communication of certain information concerning the applicant following that decision.

    Operative part

    The Court:

    1. 

    Dismisses the action;

    2. 

    Orders Holistic Innovation Institute, SLU to pay the costs in the present proceedings;

    3. 

    Orders each party to bear its own costs relating to the interlocutory proceedings.

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