Order of the General Court (Eighth Chamber) of 24 October 2019

Action for annulmentAction relating in reality to a contractual disputeReclassification of the actionConditionsApplicant not having expressly requested reclassificationAction not based on any plea claiming infringement of the rules governing the contractual relationship

(Arts 263, 272 and 288 TFEU)

(see paras 20, 28-30)

Action for annulmentInterest in bringing proceedingsNeed for a vested and present interestAssessment at the time when the action was broughtAction capable of securing a benefit for the applicant

(Art. 263 TFEU)

(see paras 37, 38, 40)

Action for annulmentInterest in bringing proceedingsNatural or legal personsAction capable of securing a benefit for the applicantInterest relating to future and uncertain situationsNot included

(Art. 263 TFUE)

(see para. 39)

Judicial proceedingsGeneral Court seised under an arbitration clauseRecovery of debts due to the Union from third partiesFinancial regulationRequest for reimbursement in the form of a debit noteAdmissibility

(Art. 272 TFEU; Council Regulation No 1605/2002)

(see para. 49)

Re:

Application pursuant to Article 272 TFEU seeking a declaration that, in adopting as final the Final Audit Report, bearing reference number 14-BA 226-013 concerning the implementation of the Combine, EUFAR and THOR grant agreements the beneficiary of which is the Met Office, the national meteorological service attached, within the United Kingdom Government, to the Department for Business, Energy and Industrial Strategy, the Commission failed correctly to interpret and apply the contractual provisions relating to those projects.

Operative part

The action is dismissed as inadmissible.

The United Kingdom of Great Britain and Northern Ireland is ordered to bear its own costs and to pay those incurred by the European Commission.