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Document 62020TN0753
Case T-753/20: Action brought on 21 December 2020 — Green Power Technologies v Commission
Case T-753/20: Action brought on 21 December 2020 — Green Power Technologies v Commission
Case T-753/20: Action brought on 21 December 2020 — Green Power Technologies v Commission
OJ C 53, 15.2.2021, p. 59–61
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
15.2.2021 |
EN |
Official Journal of the European Union |
C 53/59 |
Action brought on 21 December 2020 — Green Power Technologies v Commission
(Case T-753/20)
(2021/C 53/76)
Language of the case: Spanish
Parties
Applicant: Green Power Technologies, SL (Bollullos de la Mitación, Spain) (represented by: A. León González and A. Martínez Solís, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
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declare and hold that OLAF, by its report of 9 July 2018, and the Commission, by its decision to ratify and validate that report in the context of the recovery proceedings initiated, infringed the EU acquis and, consequently, annul that report and the proceedings initiated by the Commission; |
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declare and hold that the applicant correctly fulfilled its contractual obligations under the POWAIR project (project number: 256759) and consequently declare the expenses, the recovery of which was requested through debit notes No 3242010798 and No 3242010800 issued by the Commission, to be eligible; |
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on that basis, declare that the Commission’s claim for the sum of EUR 175 426,24 is unlawful and unfounded and consequently annul debit notes No 3242010798 and No 3242010800 issued by the Commission and the pre-information letter of 24 May 2019 (Ares (2019)3414531) that gave rise to that claim and the measures subsequent to it; |
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in the alternative, in the event that the debit note is not held to be invalid, declare that the Commission is liable for unjust enrichment; |
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order the Commission to pay the costs or, in the event that the forms of order sought in the present action are not granted, refrain from ordering the applicant to pay the costs, in view of the complexity of the present case, and the issues of fact and law that it presents. |
Pleas in law and main arguments
The present action seeks, first, that the Court declare and hold that OLAF has infringed the EU acquis and, following that finding, that it annul the abovementioned report (ref. B.4(2017)4393 Case No OF/2015/0759/B4).
By this action, the applicant also requests, on the basis of Article 272 TFEU, that it be declared and held that it has correctly fulfilled its contractual obligations under the contract concluded in the context of the 7th Research Framework Programme Grant Agreement (‘FP7’), as a participant in the POWAIR project (Project No 256759) and consequently that it be held that there is no need to order the repayment of the sums claimed and the payment of the damages set out in debit notes No 3242010798 and No 3242010800 issued by the Commission.
In support of the action, the applicant relies on five pleas in law.
1. |
First plea in law, alleging infringement of fundamental rights of the European Union.
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2. |
Second plea in law, based on the eligibility of the expenses the recovery of which is sought.
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3. |
Third plea in law, based on the eligibility of the expenses claimed.
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4. |
Fourth plea in law, based on infringement of the right to sound administration (Article 41 of the Charter) and the rights of the defence (Articles 47 and 48 of the Charter).
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5. |
Fifth plea in law, based on the Commission’s unjust enrichment, since the projects were implemented and completed, as the audits carried out prove. |