Judgment — ECLI:EU:T:2017:136
Date: 2017-03-01
Language of the case: English
Court formation: Seventh Chamber
Subject matter: Research and technological development
Procedure: Arbitration clause - unfounded;Arbitration clause - successful
Origin: Belgium

Judgment of the General Court (Seventh Chamber) of 1 March 2017 — Universiteit Antwerpen v REA (Case T‑208/15) (Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Marie Curie actions — Early-stage researchers — Call for proposals FP7-People-ITN-2008 — Grant agreements — Eligible costs — Recovery of sums paid — Concept of hosting researchers — Proportionality) 1. Judicial proceedings — General Court seised under an arbitration clause — Contract subject to national law — Applicability of national substantive law — Inapplicability of national rules on jurisdiction (Art. 272 TFEU) (see paras 52-55) 2. Judicial proceedings — General Court seised under an arbitration clause — Contracts concluded under a specific research, technological development and demonstration programme — Objectives (Art. 272 TFEU) (see para. 65) 3. Judicial proceedings — General Court seised under an arbitration clause — Contracts concluded under a specific research, technological development and demonstration programme — Concept of hosting researchers (Art. 272 TFEU) (see paras 81-85, 93, 104, 116) Re: ACTION under Article 272 TFEU seeking, first of all, a declaration that Grant Agreements No 238214 ‘C7’ (Cerebellar-Cortical Control: Cells, Circuits, Computation, and Clinic) and No 238686 ‘Cerebnet’ (Timing and plasticity in the olivo-cerebellar system), which were entered into in the context of call for proposals FP7-People-ITN-2008, cannot be interpreted as imposing an obligation on the beneficiaries to provide training to early-stage researchers exclusively on their own premises and, as a consequence, confirmation that the REA cannot reject as ineligible part of the costs relating to the training of three early-stage researchers outside the applicant’s premises; and, secondly, an order that the REA is to pay all the costs related to the training of those early-stage researchers, as claimed by the applicant, together with interest from the date on which the payments were due under the agreements. Operative part The Court: 1. Orders the Research Executive Agency (REA) to pay Universiteit Antwerpen the sum of EUR 45 526.73, corresponding to payment of some of the eligible costs under the ‘Cerebnet’ Agreement No 238686 entered into under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013), together with contractual interest from the date from which that amount was due under that agreement; 2. Dismisses the action as to the remainder; 3. Orders the REA and Universiteit Antwerpen to bear their own costs.