Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro v Commission (Judgment) French Text [2021] EUECJ T-191/16 (20 October 2021)

Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro v Commission (Judgment) French Text [2021] EUECJ T-191/16 (20 October 2021)

The Commission was competent to issue an enforceable decision under Article 299 TFEU for recovery of a contractual claim, as the contract contained a jurisdiction clause and the applicable financial regulation permitted such action. The applicant failed to provide reliable, verifiable evidence of eligible personnel...

Source-derived case information.

Citation
[2021] EUECJ T-191/16
Parties
Applicant: Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro AE; Respondent: Commission européenne
Jurisdiction
European Union
Procedural Posture
Action for Annulment (article 263 Tfeu) / Final Judgment
Outcome
application dismissed
Legal Topics
Annulment of Commission Decision, Recovery of EU Funds, Eligible Costs Under EU Grants, Protection of Legitimate Expectations, Procedural Requirements in EU Litigation
EU Administrative Law Contract Law EU Financial Regulation Annulment of Commission Decision Recovery of EU Funds Eligible Costs Under EU Grants Protection of Legitimate Expectations Procedural Requirements in EU Litigation

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Parties

Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro AE

Applicant

Commission européenne

Respondent

Procedural Posture

Action for Annulment (article 263 Tfeu) / Final Judgment

  1. 1 Whether the Commission was competent to adopt an enforceable decision under Article 299 TFEU for recovery of a contractual claim
  2. 2 Whether the principle of protection of legitimate expectations was violated
  3. 3 Whether the applicant provided sufficient evidence of eligible costs to justify retention of EU funds

Ratio Decidendi

The Commission was competent to issue an enforceable decision under Article 299 TFEU for recovery of a contractual claim, as the contract contained a jurisdiction clause and the applicable financial regulation permitted such action. The applicant failed to provide reliable, verifiable evidence of eligible personnel and indirect costs as required by the contract and EU rules. No precise, unconditional assurances were given to the applicant to support a claim of legitimate expectation. The Commission was therefore entitled to recover the unduly paid amount.

Court Disposition

application dismissed

Orders

  • The action is dismissed in its entirety.
  • The applicant is ordered to pay the costs.