Applied Microengineering Ltd, v European Commission [2012] EUECJ T-387/09 (27 September 2012)

Applied Microengineering Ltd, v European Commission [2012] EUECJ T-387/09 (27 September 2012)

The Court held that only pleas challenging the lawfulness of the Commission's enforceable decision under EU law are admissible in an Article 230 EC action; contractual interpretation arguments are inadmissible. The Commission did not breach procedural requirements, time limits, or fundamental rights, nor did it fail to state adequate reasons or breach legitimate expectations or sound administration. The action was dismissed in its entirety.

Citation
[2012] EUECJ T-387/09
Parties
Applicant: Applied Microengineering Ltd; Respondent: European Commission
Jurisdiction
European Union
Judgment Date
27 September 2012
Procedural Posture
Action for Annulment / Final Judgment
Outcome
action dismissed
Legal Topics
Enforceability of Commission Decisions, Recovery of EU Funds, Procedural Requirements, Legitimate Expectations, Sound Administration, Statement of Reasons
European Union Law Contract Law Administrative Law Enforceability of Commission Decisions Recovery of EU Funds Procedural Requirements Legitimate Expectations Sound Administration +1 more

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Parties

Applied Microengineering Ltd

Applicant

European Commission

Respondent

Procedural Posture

Action for Annulment / Final Judgment

Legal Issues

  1. 1 Whether the Commission's decision to recover funds is lawful under Article 256 EC and Regulation No 1605/2002
  2. 2 Whether the applicant's pleas based on contractual interpretation are admissible in an Article 230 EC action
  3. 3 Whether the Commission infringed procedural requirements, time limits, or fundamental rights

Ratio Decidendi

The Court held that only pleas challenging the lawfulness of the Commission's enforceable decision under EU law are admissible in an Article 230 EC action; contractual interpretation arguments are inadmissible. The Commission did not breach procedural requirements, time limits, or fundamental rights, nor did it fail to state adequate reasons or breach legitimate expectations or sound administration. The action was dismissed in its entirety.

Court Disposition

action dismissed

Orders

  • Applied Microengineering Ltd to pay its own costs and those of the European Commission