Order of the Court of First Instance (Fourth Chamber) of 26 February 2007 – Evropaïki Dynamiki v Commission
(Case T-205/05)
Actions for annulment – Arbitration clause – e-Content Programme – Termination of contract – Repayment – Inadmissibility
1.Procedure – Legal basis of an action – Choice a matter for the applicant not the Community judicature (see para. 38)
2.Actions for annulment – Action relating in reality to a contractual dispute – Lack of jurisdiction of the Community judicature – Inadmissibility (Arts 230 EC, 238 EC and 249 EC) (see paras 39-56)
3.Actions for annulment – Action relating in reality to a contractual dispute – Reclassification of the action – Exclusion (Arts 230 EC and 238 EC; Rules of Procedure of the Court of First Instance, Art. 44(1)(c)) (see para. 57)
Re:
| ACTION for annulment, first, of the Commission’s decision of 16 May 2003 to terminate contract EDC-53007 EEBO/27873; secondly, of the Commission’s decision of 12 November 2004 to reimburse to the applicant an amount for the costs of labour not exceeding EUR 85 971; and thirdly, the Commission’s decision of 7 March 2005 to issue a debit note in the amount of EUR 59 485 in respect of the applicant. |
Operative part
The Court:
1. |
| Dismisses the action as inadmissible; |
2. |
| Orders the applicant to bear its own costs and to pay those of the Commission. |