This document is an excerpt from the EUR-Lex website
Document 62022TJ0026
Judgment of the General Court (Eighth Chamber) of 29 March 2023.
Compagnie industrielle de la matière végétale (CIMV) v European Commission.
Research and technological development – Grant agreement concluded in the context of the ‘Horizon 2020’ Framework Programme for Research and Innovation – Recovery of a debt – Repayment by instalments – Substantive accuracy of the facts – Manifest error of assessment – Obligation to state reasons – Legitimate expectations – Right to be heard – Proportionality.
Case T-26/22.
Judgment of the General Court (Eighth Chamber) of 29 March 2023.
Compagnie industrielle de la matière végétale (CIMV) v European Commission.
Research and technological development – Grant agreement concluded in the context of the ‘Horizon 2020’ Framework Programme for Research and Innovation – Recovery of a debt – Repayment by instalments – Substantive accuracy of the facts – Manifest error of assessment – Obligation to state reasons – Legitimate expectations – Right to be heard – Proportionality.
Case T-26/22.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2023:172
Judgment of the General Court (Eighth Chamber) of 29 March 2023 –
CIMV v Commission
(Case T‑26/22) ( 1 )
(Research and technological development – Grant agreement concluded in the context of the ‘Horizon 2020’ Framework Programme for Research and Innovation – Recovery of a debt – Repayment by instalments – Substantive accuracy of the facts – Manifest error of assessment – Obligation to state reasons – Legitimate expectations – Right to be heard – Proportionality)
1. |
Action for annulment – Pleas in law – Lack of or inadequate statement of reasons – Separate plea in law from the one concerning substantive legality (Art. 296 TFEU) (see paragraph 35) |
2. |
EU budget – Financial regulation – Recovery of debts due to the Union from third parties – Obtaining an enforceable decision – Discretion of the Commission (Art. 299 TFEU; European Parliament and Council Regulation 2018/1046, Arts 98(4)(f), 103(2), and 104) (see paragraphs 43, 44, 57) |
3. |
EU budget – Financial regulation – Recovery of debts due to the Union – Additional time for payment – Conditions – Provision of a bank guarantee – Derogation – Conditions (European Parliament and Council Regulation 2018/1046, Art. 104) (see paragraphs 45-48, 54, 55) |
4. |
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) (see paragraphs 61-64, 72) |
5. |
EU law – Principles – Protection of legitimate expectations – Conditions – Specific assurances given by the authorities (see paragraphs 77-79, 81, 82) |
6. |
Fundamental rights – Charter of Fundamental Rights – Right to good administration – Right to be heard – Scope (Charter of Fundamental Rights of the European Union, Art. 41(2)) (see paragraphs 90, 93, 96-98) |
7. |
EU law – Principles – Proportionality – Scope (see paragraphs 111, 112, 124, 127) |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Compagnie industrielle de la matière végétale (CIMV) to pay the costs. |
( 1 ) OJ C 109, 7.3.2022.