Information;Judgment — ECLI:EU:T:2024:104
Date: 2024-02-21
Language of the case: Italian

Judgment of the General Court (Third Chamber) of 21 February 2024 – Greenspider v Eismea (Case T‑733/21) (1) ( Arbitration clause – Grant agreement concluded under the ‘Horizon 2020’ Framework Programme for Research and Innovation (2014-2020) – Eligible costs – Debit note – Reimbursement of amounts paid ) 1. 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 – Allocation of the burden of proof (Art. 317 TFEU) (see paragraphs 39-41, 43) 2. Judicial proceedings – General Court seised under an arbitration clause – Grant agreement concluded under the ‘Horizon 2020’ Framework Programme for Research and Innovation – Refusal by the Executive Agency for Small and Medium-Sized Enterprises (EASME) to consider as eligible costs certain sums paid to the beneficiary in respect of the implementation of the agreement – Claim for repayment of those sums – Challenge by the beneficiary of the scope of that repayment – No breach of the principles of good faith, good administration, legal certainty and legitimate expectations (Art. 272 TFEU) (see paragraphs 85, 89, 95, 105-109, 114, 117-120) 3. 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 – Breach of principle of proportionality – Absence (Art. 317 TFEU) (see paragraphs 88, 126-131) 4. Fundamental rights – Charter of Fundamental Rights – Right to good administration – Scope (Charter of Fundamental Rights of the European Union, Art. 41(1)) (see paragraph 102) 5. EU law – Fundamental rights – General principles of EU law – Compliance by the EU institutions in connection with measures forming part of a contractual framework – Jurisdiction of the EU judicature – Need for an arbitration clause conferring such jurisdiction (Arts 272 and 317 TFEU; Charter of Fundamental Rights of the European Union, Art. 51(1)) (see paragraphs 103, 104) 6. EU law – Principles – Protection of legitimate expectations – Conditions – Specific assurances given by the authorities (see paragraphs 115, 116) Operative part The Court: 1. Dismisses the action; 2. Orders Greenspider GmbH to pay the costs. 1 OJ C 73, 14.2.2022.