Official Journal of the European Union

EN

C series

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C/2025/3426

30.6.2025

(Case T-289/25)

(C/2025/3426)

Language of the case: Spanish

Parties

Applicant: Leading Management Technologies, SL (LMT) (Valencia, Spain) (represented by: I. Agulló Pascual, lawyer)

Defendant: European Health and Digital Executive Agency

Form of order sought

The applicant claims that the General Court should:

—annul in full the letter of confirmation and the debit note notified to LMT on 6 March 2025, thereby rendering that debit note ineffective;

In the alternative:

—declare the action for recovery in respect of projects CEF 2015-EU-IA-0058, GOVEIN and 2015-ES-IA-0087, eIDAS time-barred and, consequently, find that the amount of EUR 9 616,63 is not to be reimbursed;

—find that the amount is EUR 22 805,53 relating to the project 2018-EU-IA-0088, LOD, CEF Open Data, is non-repayable;

—and, pursuant to the principle of proportionality, reduce the amount of the penalty to EUR 65 410,20 or, in any event, to an amount deemed appropriate up to the maximum subsidy received by LMT in projects 2016-EU-IA-0063, 2016-EU-IA-0064, 2016-ES-IA-0117, 2017-EU-IA.0104, 2017-EU-IA-0154 y 2018-ES-IA-003;

—in any event, order to defendant to pay the costs or, should some or all of the applicant’s claims not be upheld, refrain from ordering the applicant to pay the costs, in view of the complexity of this case, and the issues of fact and law that the case presents.

Pleas in law and main arguments

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

1.First plea in law, alleging infringement of Article 296 TFEU and Article 263 of the Treaty of 25 March 1957 establishing the European Community relating to the obligation to state reasons for decisions, and infringement of Article 41 of the Charter of Fundamental Rights of the European Union relating to the principle of sound administration.

2.Second plea in law, alleging infringement of the first paragraph of Article 9(1) of Regulation No 883/2013 (1) of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999, in relation to the failure to discharge to burden of proof and the presumption of legality of expenditure.

3.Third plea in law, alleging that the action for recovery in respect of projects 2015-EU-IA-0058, GOVEIN and 2015-ES-IA-0087, eIDAS, on grounds of breach of Article II.27.1 of the Grant Agreement, is time-barred, since the investigation was opened only after the limitation period of five years had elapsed.

4.Fourth plea in law, alleging undue recovery of EUR 22 805,52, which amount that was never paid to LMT in the context of project 2018-EU-IA-0088, LOD, CEF Open Data.

5.Fifth plea in law, in the alternative, in the event that the principal claims are not upheld, alleging infringement of Article 5 TFEU, under which the principle of proportionality of penalties.

(1) OJ 2013 L 248, p. 1.

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ELI: http://data.europa.eu/eli/C/2025/3426/oj

ISSN 1977-091X (electronic edition)

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