EKETA v Commission (Judgment) French Text [2021] EUECJ T-190/17 (21 December 2021)

EKETA v Commission (Judgment) French Text [2021] EUECJ T-190/17 (21 December 2021)

The Tribunal held that the Commission was justified in declaring the disputed costs ineligible because EKETA failed to provide reliable time records or sufficient evidence to demonstrate that the hours declared for researchers A and O were actually worked on the Cater project. The existence of parallel activities...

Source-derived case information.

Citation
[2021] EUECJ T-190/17
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, Burden of Proof, Audit Procedures
European Union Law Contract Law Administrative Law EU Research Funding Eligibility of Costs Conflict of Interest Burden of Proof Audit Procedures

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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 justified in declaring certain personnel and indirect costs ineligible under the Cater project grant agreement.
  2. 2 Whether the applicant provided sufficient evidence of eligibility for the disputed costs.
  3. 3 Whether the audit and subsequent debit note were impartial and properly motivated.

Ratio Decidendi

The Tribunal held that the Commission was justified in declaring the disputed costs ineligible because EKETA failed to provide reliable time records or sufficient evidence to demonstrate that the hours declared for researchers A and O were actually worked on the Cater project. The existence of parallel activities and a risk of conflict of interest further undermined the plausibility of the claimed costs. The audit was found to be objective and sufficiently motivated, and the Commission did not violate the principle of proportionality. The applicant's claims were therefore rejected.

Court Disposition

application dismissed

Orders

  • The application is dismissed in its entirety.
  • Applicant is ordered to pay the costs.