Communication: judgment No. 0381 of 2020

IDENTIFIER
62020TA0381
LANGUAGE
English
COURT
General Court
AG OPINION
NO
REFERENCES MADE
1
REFERENCED
1
DOCUMENT TYPE
Communication: judgment

Judgment



28.2.2022   

EN

Official Journal of the European Union

C 95/29


Judgment of the General Court of 21 December 2021 — Datax v REA

(Case T-381/20) (1)

(Arbitration clause - Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - HELP and GreenNets grant agreements - OLAF’s investigation - Personnel costs - Burden of proof - Reliability of timesheets - Ineligibility of costs declared by the beneficiary - Request for recovery - Debit notes - Limitation - Reasonable time - Proportionality)

(2022/C 95/39)

Language of the case: English

Parties

Applicant: Datax sp. z o.o. (Wrocław, Poland) (represented by: J. Bober, lawyer)

Defendant: European Research Executive Agency (represented by: S. Payan-Lagrou and V. Canetti, acting as Agents, and by M. Le Berre, lawyer)

Re:

Application based on Article 272 TFEU seeking, first, a declaration of eligibility of the personnel costs relating to the researcher, second, a declaration that the obligation to pay liquidated damages is unfounded and, third, an order that the REA take no further action against the applicant as regards the personnel costs of the researcher relating to the HELP and GreenNets grant agreements.

Operative part of the judgment

The Court:

1.

Dismisses the action;

2.

Orders Datax sp. z o.o. to pay the costs, including those relating to the interlocutory proceedings.


(1)  OJ C 297, 7.9.2020.



Citations

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