Judgment — ECLI:EU:T:2017:604
Date: 2017-09-14
Language of the case: Italian
Court formation: Sixth Chamber
Subject matter: Financial provisions;Own resources
Procedure: Action for annulment - unfounded;Arbitration clause - unfounded
Origin: Italy

summary of the pleas in law on which the application is based — Unambiguous wording of the form of order sought by the applicant (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 76(d) and (e)) (see paras 74-77) 5. Commission — Powers — Implementation of the EU budget — Recovery of claims by set-off — Conditions — No set-off claims linked to the same project — No prior obligation to ensure use of the funds concerned for the purposes envisaged and the realisation of the actions justifying attribution of those funds despite the set-off envisaged (see paras 107, 108) 6. Acts of the institutions — Statement of reasons — Obligation — Scope — Decision taken in a context known to the addressee (Art. 296 TFEU) (see para. 112) Re: First, application under Article 263 TFEU seeking (i) annulment of Commission Decision D/C4 — B.2 — 005817 of 4 May 2015, by which the applicant’s claim in respect of the implementation of a contract in a first project, Entice (Explaining the Nature of Technological Innovation in Chinese Enterprises), was set off against the applicant’s debt in respect of the implementation of a contract in a second project, entitled ‘Judicial Training and Research on EU crimes against environment and maritime pollution’; (ii) annulment of all other measures, preliminary to, consecutive to or, in any event, connected with that decision; and (iii) an order requiring the Commission to pay to the applicant the amounts owed to it for the implementation of the Entice project; and, secondly, application under Article 272 TFEU seeking a declaration that the debt claimed by the Commission in respect of the implementation of the second project is non-existent. Operative part The Court: 1. Dismisses the action; 2. Orders Università del Salento to pay the costs.