# C_2022359EN.01007601.xml

| 19.9.2022 | EN | Official Journal of the European Union | C 359/76 |
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19.9.2022

EN

Official Journal of the European Union

C 359/76

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Action brought on 29 June 2022 — Aristotelio Panepistimio Thessalonikis v ERCEA

(Case T-388/22)

(2022/C 359/95)

Language of the case: Greek

Parties

Applicant: Aristotelio Panepistimio Thessalonikis (APT) (Thessaloniki, Greece) (represented by: B. Christianos, lawyer)

Defendant: European Research Council Executive Agency (ERCEA)

Form of order sought

The applicant claims that the Court should:

| — | declare unfounded the defendant’s claim, contained in debit note No 3242201592/28.1.2022, that the applicant is to reimburse part of the subsidy received for the project MINATRAN, in the amount of EUR 184 224,21, and declare that that amount corresponds to eligible costs; |
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declare unfounded the defendant’s claim, contained in debit note No 3242201592/28.1.2022, that the applicant is to reimburse part of the subsidy received for the project MINATRAN, in the amount of EUR 184 224,21, and declare that that amount corresponds to eligible costs;

| — | order ERCEA to repay to APT the amount of EUR 184 224,21, with default interest, in so far as that amount has been unduly paid; and |
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order ERCEA to repay to APT the amount of EUR 184 224,21, with default interest, in so far as that amount has been unduly paid; and

| — | order ERCEA to pay the costs. |
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order ERCEA to pay the costs.

Pleas in law and main arguments

By the present action, the Aristotelio Panepistimio Thessalonikis (APT) challenges the debit note issued by the European Research Council Executive Agency (ERCEA) in relation to the implementation of the project MINATRAN. By that debit note, ERCEA requested that APT reimburse the amount of EUR 184 224,21 which corresponds to part of the subsidy received for the project MINATRAN and a lump sum payment to ERCEA.

In that context, APT asks the General Court of the European Union, pursuant to Article 272 TFEU, to declare that the amount referred to above and contested by ERCEA corresponds to eligible costs, and that ERCEA must repay it to APT as an undue payment.

APT claims that:

| 1. | In the first place, ERCEA, in order to declare the costs declared by the international researchers to be ineligible, based its decision on entirely unfounded and unsubstantiated assertions. As a result, ERCEA’s request in the amount of EUR 184 224,21 relating to staff and travel expenses, indirect expenses and the imposition of a flat-rate allowance is unfounded. In addition, the eligibility of the costs has also been shown by way of the evidence submitted by APT. |
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1.

In the first place, ERCEA, in order to declare the costs declared by the international researchers to be ineligible, based its decision on entirely unfounded and unsubstantiated assertions. As a result, ERCEA’s request in the amount of EUR 184 224,21 relating to staff and travel expenses, indirect expenses and the imposition of a flat-rate allowance is unfounded. In addition, the eligibility of the costs has also been shown by way of the evidence submitted by APT.

| 2. | In the second place, ERCEA, requesting the reimbursement of the amount of EUR 184 224,21 on the basis of incomplete and unreliable documents and information, has failed to fulfil its obligations under the Charter by, first, infringing APT’s right to be heard and, second, preventing APT from obtaining effective legal protection. |
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2.

In the second place, ERCEA, requesting the reimbursement of the amount of EUR 184 224,21 on the basis of incomplete and unreliable documents and information, has failed to fulfil its obligations under the Charter by, first, infringing APT’s right to be heard and, second, preventing APT from obtaining effective legal protection.

| 3. | In the third place, ERCEA is in breach of the principle of performance of contracts in good faith. |
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3.

In the third place, ERCEA is in breach of the principle of performance of contracts in good faith.

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