Judgment of the General Court (Second Chamber) of 25 April 2012 — Movimondo Onlus v Commission

(Case T‑329/05)

Arbitration clause — Framework agreement between ECHO and humanitarian organisations — Grant agreements — Suspension of payments

1.                     Procedure — Referral to the General Court under an arbitration clause — Framework partnership agreement between the Humanitarian Aid Office (ECHO) and humanitarian organisations — Prior conciliation procedure before action — Said procedure not used by the parties — Difference not capable of amicable resolution — Admissibility (Art. 272 TFEU) (see paras 17-18)

2.                     Commission — Powers — Implementation of the Community budget — Decision to recover by set-off — Balances owed by the Union under subsidy agreements concluded in the context of a framework agreement between the Humanitarian Aid Office (ECHO) and humanitarian organisations — Retroactive effect of compensation as from the meeting of the conditions allowing it to operate — Consequences (Council Regulation No 1605/2002, Art. 73; Commission Regulation No 2342/2002, Art. 83) (see para. 40)

3.                     Actions for annulment — Action relating in reality to a contractual dispute — Lack of jurisdiction of the Community judicature — Inadmissibility (Arts 263 TFEU, 272 TFEU and 288 TFEU) (see paras 44-45)

Re:

Operative part

The Court: