CELEX: 62020TA0381
Language: en
Date: 2021-12-21 00:00:00
Title: Case T-381/20: Judgment of the General Court of 21 December 2021 — Datax v REA (Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — HELP and GreenNets grant agreements — OLAF’s investigation — Personnel costs — Burden of proof — Reliability of timesheets — Ineligibility of costs declared by the beneficiary — Request for recovery — Debit notes — Limitation — Reasonable time — Proportionality)

28.2.2022   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 95/29
            
         
      Judgment of the General Court of 21 December 2021 — Datax v REA
      (Case T-381/20) (1)
      
      (Arbitration clause - Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - HELP and GreenNets grant agreements - OLAF’s investigation - Personnel costs - Burden of proof - Reliability of timesheets - Ineligibility of costs declared by the beneficiary - Request for recovery - Debit notes - Limitation - Reasonable time - Proportionality)
      (2022/C 95/39)
      Language of the case: English
      
         Parties
      
      
         Applicant: Datax sp. z o.o. (Wrocław, Poland) (represented by: J. Bober, lawyer)
      
         Defendant: European Research Executive Agency (represented by: S. Payan-Lagrou and V. Canetti, acting as Agents, and by M. Le Berre, lawyer)
      
         Re:
      
      Application based on Article 272 TFEU seeking, first, a declaration of eligibility of the personnel costs relating to the researcher, second, a declaration that the obligation to pay liquidated damages is unfounded and, third, an order that the REA take no further action against the applicant as regards the personnel costs of the researcher relating to the HELP and GreenNets grant agreements.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Dismisses the action;
               
            
                  2.
               
               
                  Orders Datax sp. z o.o. to pay the costs, including those relating to the interlocutory proceedings.
               
            
         (1)  OJ C 297, 7.9.2020.