Judgment of the General Court (Fourth Chamber) of 9 February 2010 – Evropaïki Dynamiki v Commission

(Case T-340/07)

Arbitration clause – ‘eContent’ programme – Contract relating to a project designed to ensure maximum effectiveness of the programme and the widest possible participation of target groups – Non-performance of the contract – Termination of the contract

1.                     Procedure – Referral to the General Court under an arbitration clause – Jurisdiction of the Court defined exclusively by Article 238 EC and the arbitration clause (Art. 238 EC) (see paras 76-77)

2.                     Procedure – Application initiating proceedings – Formal requirements – Brief summary of the pleas in law on which the application is based – Pleas in law not set out in the application (Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 120-123)

3.                     Non-contractual liability – Conditions – Unlawfulness – Violation of the principles of good administration and transparency – Raised in the context of purely contractual relations – Inadmissible save where contractual terms or the law applicable to the contract infringed (see para. 124)

4.                     Officials – Rights and obligations – Duty of independence and integrity – Risk of conflict of interests where there are professional relations between an official having to rule on a case and a third party involved in it – None (Staff Regulations, Art. 11 a) (see paras 130-134)

Re:

Operative part

The Court: