Judgment of the General Court (Fourth Chamber) of 24 October 2018 –

Nova v Commission

(Case T‑299/15)

(Arbitration clause — Grant agreement concluded in the context of the pilot project seeking to establish a network of contacts and discussions between municipalities on experiences and best practices in respect of the resettlement and integration of refugees — No objective assessment of the outcome of the project — Proportionality — Repayment of the sums paid — Measures of inquiry — Counterclaim)

1. Judicial proceedings — General Court seised under an arbitration clause — Pleas in law — Lack of or inadequate statement of reasons — Invalid plea in law — Rejection (Arts 272 TFEU and 296 TFEU) (see paras 137, 138)

2. EU law — Principles — Proportionality — Scope — Compliance by the EU institutions in connection with measures forming part of a contractual context — Obligation on the parties to a contract to perform it in good faith (Art. 5(4) TEU) (see para. 140)

3. EU law — Principles — Principle of prohibition of unjust enrichment of the Union — Meaning (see para. 156)

4. Judicial proceedings — General Court seised under an arbitration clause — Pleas in law — Infringement of the principle of legitimate expectations — Invalid plea in law — Limits — Compliance with the principle of the performance of contracts in good faith (Art. 272 TFEU) (see paras 184-188)

5. Judicial proceedings — Measures of organisation of procedure — Measures of inquiry — Discretion of the Courts of the Union — Scope (Rules of Procedure of the General Court, Arts 88 to 90) (see para. 194)

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 expenses actually incurred — Burden of proof (Art. 317 TFEU) (see para. 207)

Re:

First, application based on Article 272 TFEU seeking, in essence, a declaration that the Commission is not justified in reclaiming from the applicant the sum of EUR 80 242.78 pursuant to the Grant Agreement HOME/2011/PPRS/AG/2176 and a direction requiring the Commission to pay EUR 52 146.36 plus default interest, and, second, counterclaim of the Commission seeking a direction requiring the applicant to repay the sum of EUR 80 242.78 plus default interest in performance of that Grant Agreement.

Operative part

The Court:

1. Declares that the European Commission is not justified, pursuant to the Grant Agreement with the reference HOME/2011/PPRS/AG/2176, to reclaim from Nova Onlus Consorzio nazionale di cooperative sociali — Soc. coop. 15% of the costs associated with the website of the Transnational Observatory for Refugees’ Resettlement in Europe project, namely EUR 3 002.45;

2. Dismisses the action as to the remainder;

3. Orders Nova Onlus Consorzio nazionale di cooperative sociali to pay to the Commission, pursuant to that agreement, the amount of EUR 77 240.33, increased by default interest at the rate of 3.55% from 19 May 2015 until full payment of that amount is made;

4. Dismisses the counterclaim as to the remainder;

5. Orders Nova Onlus Consorzio nazionale di cooperative sociali to bear its own costs and to pay two thirds of those incurred by the Commission;