Case T-304/21: Action brought on 30 May 2021 — eSlovensko Bratislava v Commission
Date: 2021-05-30
Institutions: General Court
Subjects: Internet, eligibility criteria, information security, principle of legal certainty, principle of proportionality, right to justice, rule of law








C_2021320EN.01004101.xml










9.8.2021   


EN


Official Journal of the European Union


C 320/41






Action brought on 30 May 2021 — eSlovensko Bratislava v Commission
(Case T-304/21)
(2021/C 320/47)
Language of the case: English

Parties


Applicant: eSlovensko Bratislava (Bratislava, Slovakia) (represented by: B. Fridrich, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the European Commission, concretely, the individual legal act ‘Termination of the Action’ adopted by the European Commission, INEA, No. ARES(2021)1953853, issued on 30 March 2021;










—


return the action to the European Commission and INEA and regard the action and grant agreement as valid and not terminated according to grant agreement No. INEA/CEF/ICT/A2015/1154788 for the project ‘Slovak Safer Internet Centre IV’, No. 2015-SK-IA-0038;










—


order the Commission to reimburse the costs and expenses of the proceedings.





Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.






1.


First plea in law, alleging the annulment of the European Commission decision ‘Termination of the Action’ Ref. ARES(2021)1953853, due to the infringement of an essential procedural requirement, infringement of the Treaties or of any rule of law relating to their application, or misuse of powers, particularly improper legal evaluation of facts and findings (breach of right for good administration, breach of principle of proportionality, principle of legal certainty, rule of law, principle of legal expectations and improper legal evaluation of facts and findings of the request for final payment in the project 2015-SK-IA-0038 Slovak Safer Internet Centre IV).










2.


Second plea in law, alleging that the request for final payment in relation to the project ‘Slovak Safer Internet Centre IV’ be returned to the Commission and INEA for its [sic] evaluation and the implementation of the control competence as well as fulfilment of the contractual obligations based on grant agreement No. INEA/CEF/ICT/A2015/1154788 and that the Commission be ordered to proceed to final payment of the eligible costs to the applicant, in accordance with the valid and effective grant agreement, based on the fact that the Commission has the competence to deal with issues of project implementation and financial transfers under the valid and effective contract between the Commission and the applicant.










3.


Third plea in law, alleging that the Commission be ordered to reimburse the costs and expenses of the proceedings. In accordance with the above-mentioned arguments and arbitrary character of the Commission decision, the applicant requests reimbursement of costs and expenses connected with the proceedings before the General Court of the European Union as well as the costs and expenses spent for the legal assistance in relation to this claim.