EKETA v Commission (Judgment) French Text [2021] EUECJ T-177/17 (21 December 2021)

EKETA v Commission (Judgment) French Text [2021] EUECJ T-177/17 (21 December 2021)

The Tribunal held that the Commission was entitled to recover the disputed amount because EKETA failed to provide reliable and direct evidence that the claimed personnel and subcontracting costs met the eligibility requirements. The Tribunal found that the time records were not credible due to parallel activities...

Source-derived case information.

Citation
[2021] EUECJ T-177/17
Parties
Applicant: Ethniko Kentro Erevnas kai Technologikis Anaptyxis (EKETA); Respondent: Commission européenne
Jurisdiction
European Union
Procedural Posture
Contractual Claim Under Article 272 TFEU / Final Judgment
Outcome
Application dismissed
Legal Topics
EU Research Funding, Eligibility of Costs, Conflict of Interest, Subcontracting Rules, Burden of Proof, Audit Procedures
European Union Law Contract Law Administrative Law EU Research Funding Eligibility of Costs Conflict of Interest Subcontracting Rules Burden of Proof +1 more

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Parties

Ethniko Kentro Erevnas kai Technologikis Anaptyxis (EKETA)

Applicant

Commission européenne

Respondent

Procedural Posture

Contractual Claim Under Article 272 TFEU / Final Judgment

  1. 1 Whether the Commission was entitled to recover €89,126.11 from EKETA as ineligible costs under the Ask-it project grant agreement.
  2. 2 Whether the time records and supporting evidence provided by EKETA satisfied the eligibility requirements for personnel and subcontracting costs.
  3. 3 Whether the existence of conflicts of interest and unreliable time records justified the Commission's recovery decision.

Ratio Decidendi

The Tribunal held that the Commission was entitled to recover the disputed amount because EKETA failed to provide reliable and direct evidence that the claimed personnel and subcontracting costs met the eligibility requirements. The Tribunal found that the time records were not credible due to parallel activities and conflicts of interest, and that the supporting documents did not allow for a direct reconciliation with the declared hours. The existence of conflicts of interest and unreliable time records constituted sufficient grounds for rejecting the costs under the grant agreement and EU financial regulations.

Court Disposition

Application dismissed

Orders

  • The application is dismissed as unfounded.
  • EKETA is ordered to bear its own costs and those of the Commission.