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Case T-285/19: Judgment of the General Court of 14 April 2021 — SGI Studio Galli Ingegneria v Commission (Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Grant agreement — The MARSOL Project — Eligible costs — OLAF investigation report finding certain expenses incurred to be ineligible — Repayment of sums paid — Burden of proof — Principle of good faith — Right to be heard — Principle of sound administration — Rights of the defence — Proportionality)
ECLI:EU:UNKNOWN:62019TA0285
62019TA0285
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Official Journal of the European Union
C 242/23
(Case T-285/19) (<span class="oj-super oj-note-tag">1</span>)
(Arbitration clause - Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - Grant agreement - The MARSOL Project - Eligible costs - OLAF investigation report finding certain expenses incurred to be ineligible - Repayment of sums paid - Burden of proof - Principle of good faith - Right to be heard - Principle of sound administration - Rights of the defence - Proportionality)
(2021/C 242/30)
Language of the case: Italian
Parties
Applicant: SGI Studio Galli Ingegneria Srl (Rome, Italy) (represented by: F. Marini, V. Catenacci and R. Viglietta, lawyers)
Defendant: European Commission (represented by: J. Estrada de Solà and A. Spina, acting as Agents)
Re:
Application under Article 272 TFEU seeking primarily, in essence, a declaration that the applicant is not required to repay the amount of EUR 487 914,32 which is part of the total amount awarded to it under Grant Agreement No 619120 concerning the MARSOL Project or, in the alternative, a declaration that the amount to be repaid may not exceed EUR 100 044,99 or, in the further alternative, an order that the Commission is to reimburse the applicant for the costs incurred by the latter in implementing that project, in accordance with the provisions on unjust enrichment.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders SGI Studio Galli Ingegneria Srl to pay the costs.
(<span class="oj-super">1</span>) OJ C 213, 24.6.2019.