Cases T-649/20, T-721/20 and T-767/20: Judgment of the General Court of 5 July 2023 — Clean Aviation Joint Undertaking v NG (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)
Date: 2023-07-05
Institutions: General Court
Subjects: Framework Programme for Research and Development, eligibility criteria, financial aid, interest, jurisdiction, proof, reimbursement of aid








C_2023296EN.01002701.xml










21.8.2023   


EN


Official Journal of the European Union


C 296/27






Judgment of the General Court 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)
(2023/C 296/29)
Language of the case: Italian

Parties


Applicant: Clean Aviation Joint Undertaking, (represented by: B. Mastantuono, acting as Agent, and by M. Velardo, lawyer)

Defendant: NG (represented by: F. Munari and A. Macchi, lawyers)

Re:

By its actions pursuant to Article 272 TFEU, the applicant seeks an order requiring the defendant to repay, first, the sum of EUR 168 062,23 paid under Grant Agreement No 632420 relating to the project entitled ‘FAST impact cross-analysis methodology for Composite leading edge Structures’, second, the sum of EUR 141 094,80, paid under Grant Agreement No 632506 relating to the project entitled ‘Flexible sensor co-operation for structural health Diagnosis/prognosis’ and, third, the sum of EUR 56 111,31 paid under Grant Agreement No 271874 relating to the project entitled ‘Wireless/Integrated strain monitoring and simulation system’, plus interest on arrears.

Operative part of the judgment

The Court hereby:






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.






(1)  OJ C 433, 14.12.2020.