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Case T-132/20: Order of the General Court of 4 March 2021 — NEC OncoImmunity v EASME (Action for annulment — Framework Programme for Research and Innovation ‘Horizon 2020’ (2014-2020) — Grant agreement — Termination letter — Act coming within a purely contractual framework from which it is inseparable — Inadmissibility — Regulation (EU) No 1290/2013 — Loss of SME status)
ECLI:EU:UNKNOWN:62020TB0132
62020TB0132
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Official Journal of the European Union
C 163/32
(Case T-132/20) (<span class="oj-super oj-note-tag">1</span>)
(Action for annulment - Framework Programme for Research and Innovation ‘Horizon 2020’ (2014-2020) - Grant agreement - Termination letter - Act coming within a purely contractual framework from which it is inseparable - Inadmissibility - Regulation (EU) No 1290/2013 - Loss of SME status)
(2021/C 163/43)
Language of the case: English
Parties
Applicant: NEC OncoImmunity AS (Oslo, Norway) (represented by: T. Nordby, R. Bråthen and O. Brouwer, lawyers)
Defendant: Executive Agency for Small and Medium-sized Enterprises (represented by: G. Niddam and A. Galea, acting as Agents, and by D. Waelbroeck and A. Duron, lawyers)
Re:
Application primarily based on Article 263 TFEU seeking annulment of the decision allegedly contained in EASME's letter No Ares (2019) 7905893 of 23 December 2019 terminating the grant agreement concluded under the ‘Horizon 2020’ framework programme for research and innovation (2014-2020) and, in the alternative, an application based on Article 272 TFEU seeking a declaration that the terms of that agreement were breached.
Operative part of the order
1.The action as dismissed as inadmissible.
2.NEC OncoImmunity AS is ordered to pay the costs.
(<span class="oj-super">1</span>) OJ C 161, 11.5.2020.