EKETA v Commission (Judgment) French Text [2021] EUECJ T-189/17 (21 December 2021)

EKETA v Commission (Judgment) French Text [2021] EUECJ T-189/17 (21 December 2021)

The General Court held that the Commission was entitled to recover the disputed amount because EKETA failed to provide reliable evidence that the personnel costs and related indirect costs were eligible. The time records were not credible due to parallel activities and conflict of interest, and the supporting...

Source-derived case information.

Citation
[2021] EUECJ T-189/17
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 at General Court (seventh Chamber)
Outcome
claim dismissed
Legal Topics
EU Research Funding, Eligibility of Costs, Conflict of Interest, Burden of Proof, Audit Procedures, Principle of Proportionality
European Union Law Contract Law Administrative Law EU Research Funding Eligibility of Costs Conflict of Interest Burden of Proof Audit Procedures +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 at General Court (seventh Chamber)

  1. 1 Whether the Commission was entitled to recover €10,436.36 as ineligible costs from EKETA under the Humabio project grant agreement
  2. 2 Whether the audit and subsequent debit note lacked objectivity and impartiality
  3. 3 Whether the costs of personnel and indirect costs were properly deemed ineligible due to unreliable time records and conflict of interest

Ratio Decidendi

The General Court held that the Commission was entitled to recover the disputed amount because EKETA failed to provide reliable evidence that the personnel costs and related indirect costs were eligible. The time records were not credible due to parallel activities and conflict of interest, and the supporting documents did not allow a direct and reliable reconciliation with the hours claimed. The audit was not shown to lack objectivity or impartiality, and the Commission's reasoning was sufficiently clear. The principle of proportionality was not violated.

Court Disposition

claim dismissed

Orders

  • The action is dismissed.
  • Ethniko Kentro Erevnas kai Technologikis Anaptyxis is ordered to pay the costs.