Uniwersytet Wroclawski v REA (Judgment) French Text [2021] EUECJ T-137/16RENV (09 June 2021)

Uniwersytet Wroclawski v REA (Judgment) French Text [2021] EUECJ T-137/16RENV (09 June 2021)

The Tribunal held that the grant agreement's terms were clear: the researcher was required to devote full-time effort exclusively to the funded project, with only limited exceptions for personal or family reasons and with prior REA approval. The agreement also prohibited the researcher from receiving any income...

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Citation
[2021] EUECJ T-137/16RENV
Parties
Applicant: Uniwersytet Wrocławski; Respondent: Agence exécutive pour la recherche (REA)
Jurisdiction
European Union
Procedural Posture
Contractual Dispute (eu Grant Agreement) / Judgment After Remand From Court of Justice
Outcome
application dismissed
Legal Topics
EU Research Funding, Grant Agreements, Contract Interpretation, Eligibility of Costs, Full Time Research Obligations, Recovery of Funds
European Union Law Contract Law EU Research Funding Grant Agreements Contract Interpretation Eligibility of Costs Full Time Research Obligations Recovery of Funds

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Parties

Uniwersytet Wrocławski

Applicant

Agence exécutive pour la recherche (REA)

Respondent

Procedural Posture

Contractual Dispute (eu Grant Agreement) / Judgment After Remand From Court of Justice

  1. 1 Whether the grant agreement permitted the researcher to hold other employment during the project period
  2. 2 Whether the applicant violated the grant agreement by allowing the researcher to have other professional activities
  3. 3 Whether the REA was entitled to recover funds and terminate the agreement

Ratio Decidendi

The Tribunal held that the grant agreement's terms were clear: the researcher was required to devote full-time effort exclusively to the funded project, with only limited exceptions for personal or family reasons and with prior REA approval. The agreement also prohibited the researcher from receiving any income other than from the beneficiary for the project. The applicant's interpretation was rejected. The evidence showed the researcher held other jobs during the project period, violating the agreement. Therefore, the REA was entitled to recover the funds and terminate the agreement.

Court Disposition

application dismissed

Orders

  • The application is rejected.
  • Uniwersytet Wrocławski is ordered to pay the costs of the proceedings before the Tribunal and the Court of Justice.