Order — ECLI:EU:C:2021:525
Date: 2021-06-29
Language of the case: Greek

Order of the Court (Eighth Chamber) of 8 June 2021 – Talanton v Commission (Case C‑359/20 P)(1) (Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Arbitration clause – Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) – Grant agreement – Non-eligible costs – Recovery decision – Action brought by the recipient before the General Court of the European Union on the basis of Article 272 TFEU – Distortion of the facts – Reasonable period of time – Principle of good faith – Legitimate expectations – Appeal, in part, manifestly inadmissible and, in part, manifestly unfounded) 1. Appeal – Grounds of appeal – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Excluded except in case of distortion – Ground of appeal alleging distortion of the evidence – Need to indicate precisely the evidence alleged to have been distorted and show the errors of appraisal which led to that distortion (Art. 256(1), para. 2, TFEU; Statute of the Court of Justice, Art. 58, para. 1) (see para. 35) 2. EU budget – EU financial assistance – Obligation on the beneficiary to comply with the conditions for grant of the assistance – Proceedings initiated by the Commission for recovery of advances paid – Recovery of the European Union’s claims from third parties – Not precisely stated in the regulation – Not precisely stated in the contract – Compliance with a reasonable time limit – Criteria for assessment (Art. 272 TFEU; Council Regulation No 1605/2002; Commission Regulation No 2342/2002) (see paras 39-41) 3. Appeal – Grounds of appeal – Plea raised for the first time in the context of the appeal – Inadmissibility (Rules of Procedure of the Court of Justice, Art. 170(1)) (see para. 46) 4. Appeal – Grounds of appeal – Error of law – Misapplication of the principle of performance in good faith of grant agreements – Clearly unfounded ground of appeal (Rules of Procedure of the Court of Justice, Art. 181) (see paras 50-55) Operative part 1. The appeal is dismissed as being, in part, manifestly inadmissible and, in part, manifestly unfounded. 2. Talanton Anonymi Emporiki – Symvouleftiki-Ekpaideftiki Etaireia Dianomon, Parochis Ypiresion Marketing kai Dioikisis Epicheiriseon is ordered to pay the costs. 1 OJ C 320, 28.9.2020.