Aristoteleio Panepistimio Thessalonikis v ERCEA (Research and technological development - Judgment) French Text [2019] EUECJ T-348/16OP (17 January 2019)

Aristoteleio Panepistimio Thessalonikis v ERCEA (Research and technological development - Judgment) French Text [2019] EUECJ T-348/16OP (17 January 2019)

The Tribunal found that the contracts between the applicant and its consultants did not require exclusive on-site work and allowed for telework without additional remuneration. The FP7 guide was not contractually binding and could not add eligibility conditions not present in the grant agreement. The main reason for...

Source-derived case information.

Citation
[2019] EUECJ T-348/16OP
Parties
Applicant: Aristoteleio Panepistimio Thessalonikis; Respondent: Agence exécutive du Conseil européen de la recherche (ERCEA)
Jurisdiction
European Union
Procedural Posture
Contractual Dispute (eu Research Grant) / Judgment on Opposition to Default Judgment
Outcome
Opposition upheld in part; default judgment set aside; applicant's claim largely upheld on the merits.
Legal Topics
EU Research Funding, Grant Eligibility, Contract Interpretation, Audit Procedures, Compensation and Set Off, Procedural Default
European Union Law Contract Law Administrative Law EU Research Funding Grant Eligibility Contract Interpretation Audit Procedures Compensation and Set Off +1 more

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Parties

Aristoteleio Panepistimio Thessalonikis

Applicant

Agence exécutive du Conseil européen de la recherche (ERCEA)

Respondent

Procedural Posture

Contractual Dispute (eu Research Grant) / Judgment on Opposition to Default Judgment

  1. 1 Whether ERCEA lawfully rejected personnel and travel costs as ineligible under the grant agreement
  2. 2 Whether the applicant was required to prove work was performed on-site
  3. 3 Whether the guide FP7 is contractually binding

Ratio Decidendi

The Tribunal found that the contracts between the applicant and its consultants did not require exclusive on-site work and allowed for telework without additional remuneration. The FP7 guide was not contractually binding and could not add eligibility conditions not present in the grant agreement. The main reason for rejecting personnel costs—lack of proof of on-site work—was unfounded. Most of the rejected personnel and certain travel costs were therefore eligible. Some specific travel and personnel costs remained ineligible due to lack of justification or being outside contract periods.

Court Disposition

Opposition upheld in part; default judgment set aside; applicant's claim largely upheld on the merits.

Orders

  • ERCEA's opposition to the default judgment is admissible.
  • The majority of the personnel and travel cost adjustments by ERCEA are annulled.