Case T-398/25: Action brought on 24 June 2025 – JQ v HADEA
Date: 2025-06-24
Institutions: General Court
Subjects: contract terms, eligibility criteria, interest, project funding, rights of the defence








C_202504804EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/4804


8.9.2025






Action brought on 24 June 2025 – JQ v HADEA


(Case T-398/25)

(C/2025/4804)
Language of the case: English

Parties


Applicant: JQ (represented by: S. Pappas and A. Pappas, lawyers)

Defendant: European Health and Digital Executive Agency

Form of order sought

The applicant claims that the Court should:






—


declare that the European Health and Digital Executive Agency (HADEA) has breached its contractual obligations under the Grant Agreement No. 101058450 (‘the Grant Agreement’), by:






i)


failing to pay the applicant the amount of EUR 178 844,65, corresponding to the interim payment due for the eligible costs incurred by the applicant during the first reporting period of the Mozart Project, within the deadline established under Point 4.2 of the Data Sheet of the Grant Agreement;










ii)


deferring the payment of the applicant’s accepted costs for the first reporting period to the next reporting period, and making such payment conditional on the submission of positive adjustments by the applicant;










iii)


infringing Article 41 of the Charter of Fundamental Rights of the European Union (‘the Charter’).














—


declare that the applicant was entitled to receive the interim payment of EUR 178 844,65 within 90 days of HADEA’s receipt of the periodic report for the first reporting period of the Mozart project. Accordingly, HADEA is liable to pay to the applicant late-payment interest at the rate of 7.75 % for each day it has withheld the interim payment to the applicant for the first reporting period of the Mozart Project, starting from 30 July 2024 until the date of effective payment;










—


declare that the applicant is entitled to receive the interim payment of EUR 178 844,65 immediately, without being required to undertake any further procedural or substantive actions;










—


declare that HADEA has performed its contractual obligations under the Grant Agreement in bad faith;










—


order the defendant to bear its costs as well as those incurred by the applicant for the present proceedings.





Pleas in law and main arguments

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






1.


First plea in law, alleging that HADEA has infringed its payment obligation under Article 22.3.3 of the Grant Agreement, on the following grounds:






—


failure to comply with the payment deadline set out in Point 4.2 of the Data Sheet;










—


HADEA’s decision to defer payment of the applicant’s eligible and accepted costs to the next reporting period has no legal basis under the Grant Agreement;










—


HADEA’s decision to make payment of the applicant’s accepted costs conditional on the submission of positive adjustments has no legal basis.














2.


Second plea in law, alleging that HADEA has infringed Article 41 of the Charter, on the following grounds:






—


failure to indicate the legal basis applied;










—


infringement of the right to be heard.














3.


Third plea in law, alleging that HADEA should be condemned to pay late-payment interest.










4.


Fourth plea in law, alleging that HADEA has performed its contractual obligations under the Grant Agreement in bad faith.






ELI: http://data.europa.eu/eli/C/2025/4804/oj
ISSN 1977-091X (electronic edition)