62020TJ0649_INF
Judgment of the General Court (Fifth Chamber) of 5 July 2023 –Clean Aviation Joint Undertaking v NG
(Cases T‑649/20, T‑721/20 and T‑767/20) (
1
)
(Arbitration clause – Seventh Framework Programme for the activities of research and development (FP7) – Grant agreements – Lack of supporting documents and non-compliance with the contractual requirements for part of the declared expenses – Repayment of the sums advanced – Jurisdiction of the General Court – Admissibility – Eligible costs – Burden of proof – Interest on arrears)
1.
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
(Arts 256(1), 272 and 274 TFEU)
(see paragraphs 46-48)
2.
Judicial proceedings – General Court seised under an arbitration clause – Action brought against a company removed from the commercial and companies register – Assessment of the legal capacity of that company with regard to the applicable national law – Impossibility for that company to be sued – Transfer of the arbitration clause to its sole member – Whether permissible – Jurisdiction of the General Court to hear an action based on Article 272 TFEU
(Arts 256(1), 272 and 274 TFEU)
(see paragraphs 51, 56-61)
3.
Judicial proceedings – General Court seised under an arbitration clause – Action brought against a company removed from the commercial and companies register – Transfer of the arbitration clause to its sole member – Jurisdiction of the General Court to hear an application for an enforcement order in order to assert claims before the courts of a Member State – Included – Jurisdiction of the General Court to order the sole member to pay such claims– Precluded
(Art. 272 TFEU; European Parliament and Council Regulation 2018/1046, Art. 103(2))
(see paragraphs 65, 67-69)
4.
EU budget – EU financial assistance – Obligation on the beneficiary to comply with the conditions for grant of the assistance – Contracts concluded under a specific research, technological development and demonstration programme – Financing covering only expenses actually incurred – Demonstration that the costs have actually been incurred – None – Ineligible costs
(Art. 317 TFEU)
(see paragraphs 87-90, 93-106, 109-118, 121, 122, 125-127, 130-136, 141-151)
Operative part
The Court:
1.
joins Cases T 649/20, T 721/20 and T 767/20 for the purposes of the judgment;
2.
declares that Alpha Consulting Service, represented by NG, was required, before its dissolution, to repay Clean Aviation Joint Undertaking the sum of EUR 56 111.31, plus interest on arrears at a rate of 3.5% per year from 26 May 2019 and until the date of full payment of the debt, under Grant Agreement No 271874 relating to the project entitled ‘Wireless/Integrated strain monitoring and simulation system’;
3.
declares that Alpha Consulting Service, represented by NG, was required, before its dissolution, to repay Clean Aviation Joint Undertaking the sum of EUR 141 094.80, plus interest on arrears at a rate of 3.5% per year from 9 July 2019 and until the date of full payment of the debt, under Grant Agreement No 632605 relating to the project entitled ‘Flexible sensor co-operation for structural health Diagnosis/prognosis’;
4.
declares that Alpha Consulting Service, represented by NG, was required, before its dissolution, to repay Clean Aviation Joint Undertaking the sum of EUR 168 062.23, plus interest on arrears at a rate of 3.5% per year, from 13 July 2019 and until the date of full payment of the debt, under Grant Agreement No 632420 relating to the project entitled ‘FAST impact cross-analysis methodology for Composite leading edge Structures’;
5.
refuses the request for an order requiring NG to pay the debts arising from the Grant Agreements concerned;
6.
declares that NG and Clean Aviation Joint Undertaking are each to bear their own costs.
(
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)	OJ C 433, 14.12.2020.