Information;Judgment — ECLI:EU:T:2022:806
Date: 2022-12-14
Language of the case: Spanish
Court formation: Fourth Chamber
Subject matter: Financial provisions
Procedure: Arbitration clause - unfounded
Origin: Spain

Summary of the pleas in law on which the application is based – Abstract statement – Inadmissibility (Rules of Procedure of the General Court, Art. 76(d)) (see paragraph 39) 3. Judicial proceedings – Legal basis of an action – Choice for the applicant and not the EU judicature (Arts 263 and 272 TFEU) (see paragraph 50) 4. EU budget – EU financial assistance – Obligation on the beneficiary to comply with the conditions for grant of the assistance – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – Grant agreement – Eligible costs – European Anti-Fraud Office (OLAF) investigation report finding certain expenses incurred to be ineligible – Financing covering only expenses actually incurred – Demonstration that the costs have actually been incurred – Allocation of the burden of proof (Art. 317 TFEU) (see paragraphs 66, 68, 71, 74, 85, 110, 133) 5. EU budget – EU financial assistance – Obligation on the beneficiary to comply with the conditions for grant of the assistance – Financing covering only expenses actually incurred – Demonstration that the costs have actually been incurred – None – Ineligible costs – Proper technical implementation of projects forming the subject matter of EU financial assistance – Irrelevant (Art. 317 TFEU) (see paragraph 153) 6. Industry – Actions necessary to ensure the competitiveness of industry – Research and technological development – Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) – (Key Digital Technologies) Joint Undertaking – Grant agreement – Request for refund – Obligation to state reasons for decisions – Scope – Assessment of the duty to state reasons by reference to the circumstances of the case (Charter of Fundamental Rights of the European Union, Arts 41(2)(c) and 51(1)) (see paragraphs 195-197, 199, 200) 7. Action for annulment – Pleas in law – Lack of or inadequate statement of reasons – Separate plea in law from the one concerning substantive legality (Arts 263 and 296 TFEU) (see paragraph 212) 8. EU law – Principles – Principle of prohibition of unjust enrichment of the Union – Concept (see paragraph 237) Operative part The Court: 1. Dismisses the action; 2. Orders Green Power Technologies, SL to bear its own costs and to pay the costs incurred by the European Commission; 3. Orders the Kingdom of Spain to bear its own costs. 1 OJ C 53, 15.2.2021.