Case T-501/24: Action brought on 22 September 2024 – Cluster Calzado Innovación v Commission
Date: 2024-09-22
Institutions: General Court
Subjects: EU financing, indemnification, innovation, legality, limitation of legal proceedings, principle of legal certainty, project funding, research and development, research project, use of languages








C_202407178EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/7178


9.12.2024






Action brought on 22 September 2024 – Cluster Calzado Innovación v Commission


(Case T-501/24)

(C/2024/7178)
Language of the case: Spanish

Parties


Applicant: Cluster Calzado Innovación (Elda, Spain) (represented by: R. Padilla Pascual, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






(i)


annul in its entirety the decision of the Directorate-General for Research and Innovation of 23 July 2024 ordering Cluster Calzado Innovación (CCI) to, first, repay EUR 88 559,03 and, secondly, pay damages of EUR 8 855,90 for the commission of irregularities in the performance of the SOHEALTHY project, on the ground that the statutory limitation period in respect of any irregularities committed in the SOHEALTHY project, of four years, in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests, (1) had expired;










(ii)


in the alternative, in the event that the principal claim is not upheld, annul in its entirety the decision of the Directorate-General for Research and Innovation of 23 July 2024 on the ground that the statutory limitation period in respect of any irregularities committed in the SOHEALTHY project, of five years, in accordance with Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002, (2) applicable ratione temporis to the SOHEALTHY project, had expired;










(iii)


in the further alternative, in the event that the previous claim is not upheld, first, annul in its entirety the decision of the Directorate-General for Research and Innovation of 23 July 2024 and order, if necessary, that a new procedure – in which CCI’s linguistic rights are guaranteed – be initiated and, secondly, consequently, order the provision to CCI of a copy in Spanish of each and every communication, decision, ruling and report from the European Anti-Fraud Office (OLAF), so that it can properly defend itself in inter partes proceedings.





Pleas in law and main arguments

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






1.


First plea in law, alleging failure to observe the principles of legality, the hierarchy of norms and legal certainty in relation to Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests and infringement of the case-law of the courts and tribunals of the European Union interpreting it.










2.


Second plea in law, alleging failure to observe the principles of legality, the hierarchy of norms and legal certainty in relation to the financial regulations of the European Union.










3.


Third plea in law, alleging failure to observe the principle of legal certainty and infringement of the case-law of the courts and tribunals of the European Union developing it.










4.


Fourth plea in law, alleging infringement of the fundamental right to address the European Commission in one of the Treaty languages and to obtain a response in the same language.






(1)  
            OJ 1995 L 312, p. 1.

(2)  
            OJ 2012 L 298, p. 1.


ELI: http://data.europa.eu/eli/C/2024/7178/oj
ISSN 1977-091X (electronic edition)