Judgment;Information — ECLI:EU:T:2021:707
Date: 2021-10-20
Language of the case: Greek
Court formation: Second Chamber
Subject matter: Research and technological development
Procedure: Action for annulment - unfounded
Origin: Greece

Summary of the pleas in law on which the application is based – Documents annexed to the application or reply – Admissibility – Conditions (Rules of Procedure of the General Court, Art. 76(d)) (see paras 21, 22) 2. Action for annulment – Jurisdiction of the EU judicature – Scope – Judicial review of an enforceable decision of the Commission for the purpose of recovering a claim – Jurisdiction to examine both the pleas challenging the legality of such a decision and those relating to the breach of contractual obligations giving rise to the adoption of such a decision (Art. 263 TFEU) (see para. 33) 3. Commission – Powers – Implementation of the EU budget – Debts to the EU arising from a contract made by an institution – Recovery by an enforceable decision – Power to adopt such a decision in the context of contractual relations – Legal basis – Contractual origin of the claim – Irrelevance (Art. 299, first para., TFEU; European Parliament and Council Regulation No 966/2012, Art. 79(2)) (see paras 39-43) 4. Action for annulment – Actionable measures – Measures producing binding legal effects – Action relating in reality to a contractual dispute – Enforceable decision of the Commission for the purpose of recovering a claim – Act intended to produce binding effects outside the contractual framework and involving the exercise of the prerogatives of public authority – Jurisdiction of the EU judicature – Need for an arbitration clause conferring such jurisdiction – Admissibility (Arts 263 and 299 TFEU; European Parliament and Council Regulation No 966/2012, Art. 79(2)) (see paras 44, 45, 52, 53) 5. EU budget – EU financial assistance – Obligation on the beneficiary to comply with the conditions for grant of the assistance – Justification of costs incurred – Proceedings by the Commission for recovery of advances paid – Recovery of financing of costs found to be ineligible (Art. 317 TFEU) (see paras 79-84) 6. 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 (see paras 110, 111) 7. 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 – No demonstration that the costs have actually been incurred – Ineligible costs (see paras 146-148) Re: Application under Article 263 TFEU seeking annulment of Commission Decision C(2016) 1080 final of 16 February 2016 concerning the recovery of a sum of EUR 109 415.20, plus interest, paid to the applicant in the context of financial assistance in support of a medical research project. Operative part The Court: 1. Dismisses the action; 2. Orders Lito Maieftiko Gynaikologiko kai Cheirourgiko Kentro AE to pay the costs.