This document is an excerpt from the EUR-Lex website
Document 62020TJ0475
Judgment of the General Court (First Chamber) of 26 October 2022.
LE v European Commission.
Grant agreement concluded in the framework of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Debit notes issued by the Commission for the recovery of grants awarded by contract – Enforceable decision – Article 299 TFEU.
Case T-475/20.
Judgment of the General Court (First Chamber) of 26 October 2022.
LE v European Commission.
Grant agreement concluded in the framework of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Debit notes issued by the Commission for the recovery of grants awarded by contract – Enforceable decision – Article 299 TFEU.
Case T-475/20.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2022:672
Judgment of the General Court (First Chamber) of 26 October 2022 –
LE v Commission
(Case T‑475/20) ( 1 )
(Grant agreement concluded in the framework of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Debit notes issued by the Commission for the recovery of grants awarded by contract – Enforceable decision – Article 299 TFEU)
1. |
Action for annulment – Actionable measures – Meaning – Measures producing binding legal effects – Action relating in reality to a contractual dispute – No jurisdiction of the EU judicature – Inadmissibility (Arts 263, 272, 274 and 299 TFEU) (see paragraphs 38-41) |
2. |
Action for annulment – Action relating in reality to a contractual dispute – Annulment of a debit note issued and a pre-information letter sent by the Commission – Inadmissibility (Arts 263, 288 and 299 TFEU) (see paragraphs 42, 43) |
3. |
Acts of the institutions – Statement of reasons – Obligation – Scope – Assessment of the duty to state reasons by reference to the circumstances of the case – Need to specify all the relevant factual and legal elements – None (Art. 296 TFEU; Charter of Fundamental Rights of the European Union, Art. 41(2)(c)) (see paragraphs 57, 58, 60) |
4. |
Action for annulment – Pleas in law – Lack of or inadequate statement of reasons – Separate plea in law from the one concerning substantive legality (Arts 263 and 296 TFEU) (see paragraph 64) |
5. |
EU law – Principles – Rights of the defence – Right to be heard – Scope (Charter of Fundamental Rights of the European Union, Arts 41(2), 47 and 48) (see paragraphs 71-74) |
6. |
EU law – Principles – Protection of legitimate expectations – Conditions (see paragraph 99) |
7. |
EU law – Principles – Principle of sound administration – Duty of diligence – Scope (Charter of Fundamental Rights of the European Union, Art. 41) (see paragraph 109) |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders LE to pay the costs, including those relating to the proceedings for interim measures. |
( 1 ) JO C 414, 30.11.2020.