ANKO v Commission (Judgment) French Text [2016] EUECJ T-155/14 (27 April 2016)

ANKO v Commission (Judgment) French Text [2016] EUECJ T-155/14 (27 April 2016)

ANKO failed to provide reliable and verifiable time records and supporting documentation for the majority of personnel and other costs claimed under the Persona and Terregov projects. The Commission was justified in declaring these costs ineligible and seeking reimbursement. The applicant's arguments regarding audit...

Source-derived case information.

Citation
[2016] EUECJ T-155/14
Parties
Applicant: ANKO AE Antiprosopeion, Emporiou kai Viomichanias; Respondent: Commission européenne
Jurisdiction
European Union
Procedural Posture
Contractual Dispute (eu Grant Agreements) / Final Judgment
Outcome
Applicant's claims dismissed; Commission's counterclaim upheld.
Legal Topics
EU Research Funding, Grant Eligibility, Contractual Obligations, Audit Procedures, Burden of Proof
European Union Law Contract Law EU Research Funding Grant Eligibility Contractual Obligations Audit Procedures Burden of Proof

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Parties

ANKO AE Antiprosopeion, Emporiou kai Viomichanias

Applicant

Commission européenne

Respondent

Procedural Posture

Contractual Dispute (eu Grant Agreements) / Final Judgment

  1. 1 Whether the costs declared by ANKO under the Persona and Terregov grant agreements are eligible for EU funding
  2. 2 Whether ANKO must reimburse the Commission for sums received under the grant agreements
  3. 3 Whether the Commission's audit and recovery procedures complied with contractual and legal requirements

Ratio Decidendi

ANKO failed to provide reliable and verifiable time records and supporting documentation for the majority of personnel and other costs claimed under the Persona and Terregov projects. The Commission was justified in declaring these costs ineligible and seeking reimbursement. The applicant's arguments regarding audit procedure and right to be heard were rejected, as the contractual framework did not require additional procedural guarantees. The Tribunal found the Commission's audit findings and recovery actions to be in accordance with the grant agreements and applicable law.

Court Disposition

Applicant's claims dismissed; Commission's counterclaim upheld.

Orders

  • ANKO is ordered to reimburse the Commission EUR 325,823.16 for the Persona project, plus interest at 3.75% from 2 May 2014.
  • ANKO is ordered to reimburse the Commission EUR 280,747.45 for the Terregov project, plus interest at 3.75% from 2 May 2014.