# C_2022359EN.01008301.xml

| 19.9.2022 | EN | Official Journal of the European Union | C 359/83 |
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19.9.2022

EN

Official Journal of the European Union

C 359/83

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Action brought on 12 July 2022 — UIV Servizi v REA

(Case T-440/22)

(2022/C 359/101)

Language of the case: English

Parties

Applicant: Unione Italiana Vini Servizi (UIV Servizi) Soc. coop. arl (Milan, Italy) (represented by: B. Bonafini, D. Rovetta and V. Villante, lawyers)

Defendant: European Research Executive Agency

Form of order sought

The applicant claims that the Court should:

| — | declare the GA suspension (Article 33.2) confirmation letter (ref. Ares (2022)3368330 — 02/05/2022) as well as the suspension of the contract itself invalid for breach of contract and of the relevant general principles of EU law invoked in the present application; |
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declare the GA suspension (Article 33.2) confirmation letter (ref. Ares (2022)3368330 — 02/05/2022) as well as the suspension of the contract itself invalid for breach of contract and of the relevant general principles of EU law invoked in the present application;

| — | condemn the European Research Executive Agency (REA) to lift the suspension of Grant Agreement 874904-TTD.EU — European Quality Wines: Taste The Difference; |
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condemn the European Research Executive Agency (REA) to lift the suspension of Grant Agreement 874904-TTD.EU — European Quality Wines: Taste The Difference;

| — | condemn the REA to compensate the applicant’s pecuniary and non-pecuniary damages — as documented — in an amount to be fixed at EUR 500 000; |
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condemn the REA to compensate the applicant’s pecuniary and non-pecuniary damages — as documented — in an amount to be fixed at EUR 500 000;

| — | order the REA to bear the applicant’s legal costs in the present proceedings. |
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order the REA to bear the applicant’s legal costs in the present proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.

| 1. | First plea in law, alleging the unlawful nature of the Grant Agreement (GA) suspension confirmation letter — Misapplication of Article 33.2.1 (a) of the GA 874904-TTD.EU (definition of ‘substantial errors, irregularities or fraud’)






  — | Breach of the principle of presumption of innocence and of Article 48 of the Charter of Fundamental Rights of the European Union; |
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1.

First plea in law, alleging the unlawful nature of the Grant Agreement (GA) suspension confirmation letter — Misapplication of Article 33.2.1 (a) of the GA 874904-TTD.EU (definition of ‘substantial errors, irregularities or fraud’)

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Breach of the principle of presumption of innocence and of Article 48 of the Charter of Fundamental Rights of the European Union;

| — | Manifest error of assessment as a matter of EU law — Breach of the principles of legal certainty and legitimate expectations — Breach of the good faith principles as a matter of EU and Belgian law — Breach of the combined application of Articles 1134 and 1156 of the Civil Code of Belgium. |
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Manifest error of assessment as a matter of EU law — Breach of the principles of legal certainty and legitimate expectations — Breach of the good faith principles as a matter of EU and Belgian law — Breach of the combined application of Articles 1134 and 1156 of the Civil Code of Belgium.

| 2. | Second plea in law, alleging breach of the principle of proportionality by the REA. |
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2.

Second plea in law, alleging breach of the principle of proportionality by the REA.

| 3. | Third plea in law, alleging the unlawful nature of the GA suspension confirmation letter — Non-application of Article 33.2.1 (b) of the GA 874904- TTD.EU — ‘Material impact’ of the alleged ‘systemic or recurrent errors, irregularities, fraud or serious breach of obligations’ on TTD.EU GA. |
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3.

Third plea in law, alleging the unlawful nature of the GA suspension confirmation letter — Non-application of Article 33.2.1 (b) of the GA 874904- TTD.EU — ‘Material impact’ of the alleged ‘systemic or recurrent errors, irregularities, fraud or serious breach of obligations’ on TTD.EU GA.

| 4. | Fourth plea in law, alleging the failure to observe the principles of good administration set out in Article 41 of the Charter of Fundamental Rights of the European Union and the general principles of Union law of legal certainty, of legitimate expectations and of proportionality and the obligation to give reasons as set out in Article 296, paragraph 2, TFEU. |
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4.

Fourth plea in law, alleging the failure to observe the principles of good administration set out in Article 41 of the Charter of Fundamental Rights of the European Union and the general principles of Union law of legal certainty, of legitimate expectations and of proportionality and the obligation to give reasons as set out in Article 296, paragraph 2, TFEU.

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