This document is an excerpt from the EUR-Lex website
Document 62017TJ0190
Judgment of the General Court (Seventh Chamber) of 21 December 2021.
Ethniko Kentro Erevnas kai Technologikis Anaptyxis (EKETA) v European Commission.
Arbitration clause – Cater contract concluded under the Sixth Framework Programme – Eligible costs – Debit note issued by the Commission for the recovery of amounts advanced – Reliability of the time records – Conflict of interests.
Case T-190/17.
Judgment of the General Court (Seventh Chamber) of 21 December 2021.
Ethniko Kentro Erevnas kai Technologikis Anaptyxis (EKETA) v European Commission.
Arbitration clause – Cater contract concluded under the Sixth Framework Programme – Eligible costs – Debit note issued by the Commission for the recovery of amounts advanced – Reliability of the time records – Conflict of interests.
Case T-190/17.
Court reports – general
ECLI identifier: ECLI:EU:T:2021:931
Judgment of the General Court (Seventh Chamber) of 21 December 2021 –
EKETA v Commission
(Case T‑190/17) ( 1 )
(Arbitration clause – Cater contract concluded under the Sixth Framework Programme – Eligible costs – Debit note issued by the Commission for the recovery of amounts advanced – Reliability of the time records – Conflict of interests)
1. |
EU budget – EU financial assistance – Obligation on the beneficiary to comply with the conditions for grant of the assistance – Justification of costs incurred – Proceedings by the Commission for recovery of advances paid – Allocation of the burden of proof (see para. 35) |
2. |
EU budget – EU financial assistance – Obligation on the beneficiary to comply with the conditions for grant of the assistance – Financing covering only expenses actually incurred – No demonstration that the costs have actually been incurred – Ineligible costs (see para. 46) |
3. |
EU budget – EU financial assistance – Obligation on the beneficiary to comply with the conditions for grant of the assistance – Funding only for expenses actually incurred – Proof of the reality of the expenses declared – Staff costs – Production of the time records – Unreliable owing to a conflict of interests between the beneficiary and his contractual partners – Production of documents requiring considerable investment on the part of the Commission in order to determine the time actually worked – Disregard of the obligation for the beneficiary to work together with the Commission in good faith (European Parliament and Council Regulation No 2321/2002, Art. 14(2)(a)) (see para. 51) |
4. |
EU budget – EU financial assistance – Obligation on the beneficiary to comply with the conditions for grant of the assistance – Contracts concluded under a specific research, technological development and demonstration programme – Conditions of ineligibility of costs – Conflict of interests on the part of the beneficiary – Concept – Consequences – Recovery of the sums advanced to the beneficiary (European Parliament and Council Regulation No 2321/2002, Art. 18(2); Commission Regulation No 2342/2002, Art. 183) (see para. 64) |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Ethniko Kentro Erevnas kai Technologikis Anaptyxis to pay the costs. |