CELEX: 62020TN0767
Language: en
Date: 2020-12-23 00:00:00
Title: Case T-767/20: Action brought on 23 December 2020 — Clean Sky 2 Joint Undertaking v NG

15.2.2021   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 53/66
            
         
      Action brought on 23 December 2020 — Clean Sky 2 Joint Undertaking v NG
      (Case T-767/20)
      (2021/C 53/83)
      Language of the case: Italian
      
         Parties
      
      
         Applicant: Clean Sky 2 Joint Undertaking (represented by: M. Velardo, lawyer, and B. Mastantuono, acting as Agent)
      
         Defendant: NG
      
         Form of order sought
      
      The applicant claims that the Court should:
      
                  —
               
               
                  order the defendant to pay Clean Sky 2 Joint Undertaking the sum of EUR 56 111,31 in relation to Grant Agreement No 271 874 WISMOA under the Seventh Framework Programme of the European Union, together with interest at the rate of 3,5 % set by the European Central Bank for its main refinancing operations, from 23 May 2019 until the date of actual payment;
               
            
                  —
               
               
                  order the defendant to pay the costs of these proceedings.
               
            
         Pleas in law and main arguments
      
      In support of the action, the applicant relies on the following plea in law:
      The defendant failed to fulfil his contractual obligations by failing to reimburse the amount relating to staff costs, held not to be eligible for funding. As a result, the applicant issued two debit notes for a total amount of EUR 56 111,31, already paid to Alpha Consulting Service Srl, in accordance with the provisions of the grant agreement. There is no doubt whatsoever in the present case as to the facts giving rise to the obligations incumbent on the defendant as shareholder and representative of Alpha Consulting Service Srl, which has been removed from the commercial register. The objections made by that company after the debit notes were issued are generic, incomplete and not supported by evidence and, therefore, appear to be entirely unfounded. As a result, the applicant is entitled to seek recovery and reimbursement of the amount paid, plus default interest.