Information;Judgment — ECLI:EU:C:2021:23
Date: 2021-01-14
Language of the case: Greek

Judgment of the Court (Tenth Chamber) of 14 January 2021 – ERCEA v Aristoteleio Panepistimio Thessalonikis (Case C‑280/19 P)(1) (Appeal – Arbitration clause – Minatran contract concluded under the Seventh Framework Programme – Eligible costs – Debit note issued by the ERCEA – Recovery of amounts advanced – Personnel costs and indirect expenditure relating to those personnel costs – Obligation to carry out work solely on the premises of the beneficiary of the grant – Supervision by the beneficiary – Normal practices of the beneficiary) 1. Appeal – Grounds – Incorrect assessment of the facts – Inadmissibility – Review by the Court of the interpretation of a contract term – Not included (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 169) (see paras 43, 44, 56, 67) 2. Appeal – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted – Requirement that the distortion be obvious from the documents in the file – Ground alleging a divergence of interpretation of a document – Inadmissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 45, 46, 59, 81) 3. Appeal – Grounds – Plea raised for the first time in the context of the appeal – Inadmissibility (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 170(1)) (see para. 54) 4. Appeal – Grounds – Inadequate statement of reasons – Reliance by the General Court on implied reasoning – Whether permissible – Conditions (Art. 256(1) TFEU; Statute of the Court of Justice, Arts 36 and 53, first para.) (see paras 83, 84) Operative part The Court: 1. Dismisses the appeal; 2. Orders the European Research Council Executive Agency (ERCEA) to pay the costs. 1 OJ C 182, 27.5.2019.