Alfamicro v Commission (Judgment) French Text [2019] EUECJ T-64/18 (28 June 2019)

Alfamicro v Commission (Judgment) French Text [2019] EUECJ T-64/18 (28 June 2019)

The Commission's enforceable decision concerned a different debt period than the prior judgment, so no procedural bar or res judicata applied; the Commission's determination of recoverable amounts was based on applicant's own revised financial statements, not an unlawful extrapolation; all procedural and substantive...

Source-derived case information.

Citation
[2019] EUECJ T-64/18
Parties
Applicant: Alfamicro – Sistemas de computadores, Sociedade Unipessoal, Lda; Respondent: Commission européenne
Jurisdiction
European Union
Procedural Posture
Application for Annulment / Final Judgment
Outcome
application rejected
Legal Topics
Recoupment of EU Grants, Audit Extrapolation, Motivation of Administrative Decisions, Judicial Power Vs Administrative Power
EU Administrative Law EU Financial Regulation Recoupment of EU Grants Audit Extrapolation Motivation of Administrative Decisions Judicial Power Vs Administrative Power

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Parties

Alfamicro – Sistemas de computadores, Sociedade Unipessoal, Lda

Applicant

Commission européenne

Respondent

Procedural Posture

Application for Annulment / Final Judgment

  1. 1 Whether the Commission usurped judicial power by issuing an enforceable decision after a prior judgment
  2. 2 Whether the Commission failed to adequately motivate the extrapolation of audit findings
  3. 3 Whether the Commission's extrapolation of audit findings was illegal under EU financial regulations

Ratio Decidendi

The Commission's enforceable decision concerned a different debt period than the prior judgment, so no procedural bar or res judicata applied; the Commission's determination of recoverable amounts was based on applicant's own revised financial statements, not an unlawful extrapolation; all procedural and substantive requirements of EU financial regulations were met.

Court Disposition

application rejected

Orders

  • Alfamicro – Sistemas de computadores, Sociedade Unipessoal, Lda is condemned to pay costs