Judgment of the General Court (Fifth Chamber) of 2 February 2017.International Management Group v European Commission.Development cooperation — Annual Action Programme in favour of Myanmar/Burma to be financed from the general budget of the European Union — Budget implementing decision — Modification — Action for annulment — Challengeable act — Admissibility — Obligation to state reasons — Principle of sound financial management — Principle of sound administration — Transparency — Remedy — Legitimate expectations.Case T-29/15.

Judgment // 02/02/2017 // 2 min read
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Judgment of the General Court (Fifth Chamber) of 2 February 2017 —International Management Group v Commission

(Case T‑29/15)

(Development cooperation — Annual Action Programme in favour of Myanmar/Burma to be financed from the general budget of the European Union — Budget implementing decision — Modification — Action for annulment — Challengeable act — Admissibility — Obligation to state reasons — Principle of sound financial management — Principle of sound administration — Transparency — Remedy — Legitimate expectations)

  1. Actions for annulment — Actionable measures — Concept — Measures producing binding legal effects — Commission decision replacing the entity chosen to implement an indirect management budget, in the event of subsequent conclusion of a delegation agreement — Inclusion

(Art. 263 TFEU)

(see paras 35-53, 56-65)

  1. Actions for annulment — Action against a decision refusing to withdraw or amend an earlier act — Inadmissibility — Concept of confirmatory decision — Final decision adopted following conservation measures — Not included

(Art. 263 TFEU)

(see paras 68-77)

  1. Acts of the institutions — Statement of reasons — Obligation — Scope

(Art. 296 TFEU)

(see paras 83, 84)

  1. EU law — Principles — Principle of sound administration — Irregularity of the administrative procedure — Effects — Annulment of the contested decision — Conditions

(Charter of Fundamental Rights of the European Union, Art. 41(2))

(see paras 134, 139)

  1. Own resources of the European Union — Regulation on financial rules applicable to the general budget of the Union — Implementation of the budget — Obligation to comply with the principle of transparency — Scope

(European Parliament and Council Regulation No 966/2012, Arts 6, 34 (1), and 35 (2); Commission Regulation No 1268/2012, Art. 22)

(see paras 147-152)

  1. EU law — Principles — Protection of legitimate expectations — Conditions — Specific assurances given by the authorities

(see paras 165-168)

Re:

ACTION on the basis of Article 263 TFEU seeking the annulment of Commission Implementing Decision C(2014) 9787 final of 16 December 2014, amending Implementing Decision C(2013) 7682 final on the Annual Action Programme 2013 in favour of Myanmar/Burma to be financed from the general budget of the European Union.

Operative part

The Court:

  1. Dismisses the action;

  2. Orders International Management Group to pay the costs.

Development cooperation , External relations