Judgment of the General Court (First Chamber) of 27 April 2022

Judicial proceedingsIntroduction of new pleas during the proceedingsConditionsAmplification of an existing pleaAdmissibilityAnalogous solution for claims raised in support of a plea

(Rules of Procedure of the General Court, Art. 84(1))

(see paras 15, 16)

Action for annulmentAdmissibilityDismissal of an action on the substance without ruling on admissibilityDiscretion of the EU judicature

(Art. 263 TFEU)

(see para. 21)

Non-contractual liabilityConditionsUnlawfulnessDamageCausal linkCumulative conditionsOne of the conditions not satisfiedClaim for compensation dismissed in its entirety

(Art. 340, second para., TFEU)

(see paras 23-25, 62)

Non-contractual liabilityConditionsUnlawfulnessSufficiently serious breach of a rule of law intended to confer rights on individualsReduced or non-existent discretion of the EU institution when adopting the measure

(Art. 340, second para., TFEU)

(see paras 27, 29)

Non-contractual liabilityConditionsUnlawfulnessSufficiently serious breach of EU lawRequirement that the institutions manifestly and seriously disregard the limits of their discretionReport drafted by the Commission following a financial audit in the context of a grant agreement for research, technological development and demonstration activitiesLanguage used in the statements at issueBreach of principle of proportionalityNoneInfringement of the principle of sound administrationAbsenceUnfounded pleasRejection

(Art. 340, second para., TFEU)

(see paras 40, 48-50, 56)

Operative part

The Court:

Dismisses the action;

Orders QA to pay the costs.