Judgment;Information — ECLI:EU:T:2021:123
Date: 2021-03-10
Language of the case: Spanish
Court formation: Eighth Chamber
Subject matter: Budget;Financial provisions
Procedure: Arbitration clause - unfounded
Origin: Spain

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)) (see paras 34, 35, 102, 170) 2. Judicial proceedings – Legal basis of an action – Choice for the applicant and not the EU judicature (see para. 36) 3. Judicial proceedings – General Court seised under an arbitration clause – Jurisdiction of the General Court defined exclusively by Article 272 TFEU and the arbitration clause – Application of national provisions on jurisdiction – Precluded – Application of the national rules of evidence – Included (Art. 272 TFEU) (see para. 54) 4. 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 paras 60-65, 188) 5. 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 – Staff costs – None – Compliance with an obligation to produce reliable timesheets in order to justify the staff costs declared by way of implementation of the agreements – Ineligible costs (see paras 84, 85, 95-98, 109, 125, 148) 6. Judicial proceedings – Measures of organisation of procedure – Measures of inquiry – Discretion of the General Court (see paras 152, 195) 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 – Proceedings brought by the Commission for recovery of advances made in the context of the assistance – Demand for recovery arising from stipulations of the agreements – Breach of principle of proportionality – None (Art. 317 TFEU) (see paras 243, 244) Re: Application under Article 272 TFEU seeking, in essence, a declaration that the Commission’s alleged contractual claims against the applicant under the DIEGO and SEED grant agreements are non-existent. Operative part The Court: 1. Dismisses the action; 2. Orders Ayuntamiento de Quart de Poblet to bear its own costs and to pay those incurred by the European Commission.