ERCEA v Aristoteleio Panepistimio Thessalonikis (Judgment) French Text [2021] EUECJ C-280/19P (14 January 2021)

ERCEA v Aristoteleio Panepistimio Thessalonikis (Judgment) French Text [2021] EUECJ C-280/19P (14 January 2021)

The Court held that ERCEA's grounds were either inadmissible or unfounded, as the Tribunal's interpretation of the grant agreement and service contracts did not manifestly exceed reasonable limits, and ERCEA failed to raise certain arguments at first instance. The Tribunal was not required to examine eligibility...

Source-derived case information.

Citation
[2021] EUECJ C-280/19P
Parties
Appellant: Agence exécutive du Conseil européen de la recherche (ERCEA); Respondent: Aristoteleio Panepistimio Thessalonikis (APT)
Jurisdiction
European Union
Procedural Posture
Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
EU Research Funding, Grant Eligibility, Contractual Interpretation, Public Procurement, Audit and Financial Controls
European Union Law Contract Law Administrative Law EU Research Funding Grant Eligibility Contractual Interpretation Public Procurement Audit and Financial Controls

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Parties

Agence exécutive du Conseil européen de la recherche (ERCEA)

Appellant

Aristoteleio Panepistimio Thessalonikis (APT)

Respondent

Procedural Posture

Appeal / Judgment on Appeal

  1. 1 Whether the Tribunal erred in interpreting the grant agreement to allow telework for consultants without direct supervision or proof of on-premises work
  2. 2 Whether the Tribunal failed to consider all eligibility conditions for personnel costs under the grant agreement
  3. 3 Whether the Tribunal misinterpreted or distorted the service contracts between APT and its consultants

Ratio Decidendi

The Court held that ERCEA's grounds were either inadmissible or unfounded, as the Tribunal's interpretation of the grant agreement and service contracts did not manifestly exceed reasonable limits, and ERCEA failed to raise certain arguments at first instance. The Tribunal was not required to examine eligibility conditions not contested by ERCEA, and its reasoning was sufficiently clear and justified. The appeal was therefore rejected.

Court Disposition

appeal dismissed

Orders

  • The appeal is rejected.
  • ERCEA is ordered to pay the costs.