Judgment of the Court (Seventh Chamber) of 29 September 2022 –HIM v Commission
(Case C‑500/21 P) ( 1 )
(Appeal – Arbitration clause – Grant agreements concluded under the Information and Communication Technologies (ICT) Policy Support Programme – Audit report – Debit notes issued by the European Commission for the recovery of certain sums – Action for annulment – Investigation by the European Anti-Fraud Office (OLAF) – Counterclaim – Full repayment of the grants concerned – Rights of the defence – Principle of sound administration – Impartiality – Principle of proportionality – Obligation to state reasons)
- Judicial proceedings – General Court seised under an arbitration clause – Counterclaim by the Commission seeking full reimbursement of the grants paid under the grant agreements concluded under the Information and Communication Technology (ICT) Policy Support Programme – Act not constituting a decision adversely affecting the applicant – No infringement of the right to good administration and of the rights of the defence
(Charter of Fundamental Rights of the European Union, Art. 41(2)(a))
(see paragraphs 44, 46, 48, 49)
- Appeal – Grounds – Inadequate statement of reasons – Reliance by the General Court on implied reasoning – Whether permissible
(Art. 256 TFEU; Statute of the Court of Justice, Arts 36 and 53, first para.)
(see paragraphs 58-62)
- Judicial proceedings – General Court seised under an arbitration clause – Jurisdiction of the General Court – Scope – Power not to examine the merits of grounds which are inadmissible or ineffective
(Art. 272 TFEU)
(see paragraphs 71-73)
Operative part
The Court:
-
Dismisses the appeal;
-
Orders Health Information Management (HIM) to bear its own costs and to pay those incurred by the European Commission.
( 1 ) OJ C 391, 27.9.2021.