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Order of the Court of First Instance (Sixth Chamber) of 6 October 2008. # Austrian Relief Programm - Verein für Not- und Katastrophenhilfe v Commission of the European Communities. # Application for annulment - Community financing of a project for the improvement of living standards in the former Yugosalvia to promote the return of refugees and displaced persons - Obnova Programme - Arbitration clause - Debit note - Inadmissible. # Case T-235/06.
ECLI:EU:T:2008:411
62006TO0235
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(Case T-235/06)
Application for annulment – Community financing of a project for the improvement of living standards in the former Yugosalvia to promote the return of refugees and displaced persons – Obnova Programme – Arbitration clause – Debit note – Inadmissible
1. Procedure – Legal basis of an action – Choice a matter for the applicant and not the Community judicature (see paras 32-33)
Re:
APPLICATION for annulment of the debit note of 4 May 2006 by which the Commission sought repayment from the applicant of sums paid in performance of the contract concerning Community financing of the project ‘Republika Srpska 1998: Improvement of living standards to promote the return of refugees and displaced persons’ (Contract RE/YOU/03/04/98), concluded within the framework of the Obnova Programme.
Operative part
The Court:
1.Dismisses the application.
2.Orders Austrian Relief Program – Verein für Not- und Katastrophenhilfe to pay the costs.