CELEX: 62017CN0515
Language: en
Date: 2017-08-24 00:00:00
Title: Case C-515/17 P: Appeal brought on 24 August 2017 by Uniwersytet Wrocławski against the order of the General Court (Eighth Chamber) made on 13 June 2017 in Case T-137/16, Uniwersytet Wrocławski v Research Executive Agency (REA)

8.1.2018   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 5/17
            
         Appeal brought on 24 August 2017 by Uniwersytet Wrocławski against the order of the General Court (Eighth Chamber) made on 13 June 2017 in Case T-137/16, Uniwersytet Wrocławski v Research Executive Agency (REA)
   (Case C-515/17 P)
   (2018/C 005/24)
   Language of the case: Polish
   
      Parties
   
   
      Appellant: Uniwersytet Wrocławski (represented by: A. Krawczyk-Giehsmann and K. Szarek, adwokaci)
   
      Other party to the proceedings: Research Executive Agency (REA)
   
      Form of order sought
   
   The appellant claims that the Court should:
   
               —
            
            
               set aside the order under appeal;
            
         
               —
            
            
               declare that the action was properly brought;
            
         
               —
            
            
               order the other party to the proceedings to pay all of the costs.
            
         
      Grounds of appeal and main arguments
   
   The first ground of appeal alleges infringement of Article 19 of the Statute of the Court of Justice of the European Union. That ground is based on the submission that the interpretation given by the General Court regarding the application of that provision is flawed and contrary to the principles of proportionality and subsidiarity, in so far as it does not take into consideration the fact that the legal relationship indicated between the legal adviser (radca prawny) and the university is based on the independence and equality of the parties, and that, by its very nature, the profession of legal adviser in the Polish legal system is characterised by independence and an absence of subordination in relation to third parties and is also a profession of public trust.
   The second ground of appeal alleges that the General Court infringed Article 119 of the Rules of Procedure of 23 April 2015. That ground is based on the submission that the General Court did not properly set out the reasons for its decision, because, in the grounds of the order under appeal, it provided an abstract statement and failed to link the view expressed to the facts of the present case, thereby significantly limiting the possibility for the appellant to put forward a proper defence.