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Case T-533/20: Judgment of the General Court of 14 December 2022 — Green Power Technologies v Key Digital Technologies Joint Undertaking (Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Grant agreements — Eligible costs — OLAF report finding certain expenditure incurred to be ineligible — Recovery of sums paid — Burden of proof — Regulation (EU, Euratom) No 883/2013 — Counterclaim)
ECLI:EU:UNKNOWN:62020TA0533
62020TA0533
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Official Journal of the European Union
C 63/34
(Case T-533/20) (*)
(Arbitration clause - Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - Grant agreements - Eligible costs - OLAF report finding certain expenditure incurred to be ineligible - Recovery of sums paid - Burden of proof - Regulation (EU, Euratom) No 883/2013 - Counterclaim)
(2023/C 63/42)
Language of the case: Spanish
Parties
Applicant: Green Power Technologies (Bollullos de la Mitación, Spain) (represented by: A. León González and A. Martínez Solís, lawyers)
Defendant: Key Digital Technologies Joint Undertaking, formerly ECSEL Joint Undertaking (represented by: O. Lambinet and A. Salaun, acting as Agents, and by M. Troncoso Ferrer, lawyer)
Re:
By its action under Article 272 TFEU, the applicant seeks a declaration that the amounts advanced by the Key Digital Technologies Joint Undertaking in performance of the contracts Pollux (No 100205), IoE (No 269374), Motorbrain (No 270693) and AGATE (No 325630), concluded under the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) in order to finance the corresponding projects, which that joint undertaking sought to recover through the issuance of debit note No 4440200016, were eligible costs.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Allows the counterclaim brought by the Key Digital Technologies Joint Undertaking;
3.Orders Green Power Technologies, SL to pay the Key Digital Technologies Joint Undertaking the sum of EUR 204 302,13 claimed by the latter in its counterclaim;
4.Orders Green Power Technologies to pay the costs.
(*)
Language of the case: Spanish.
ECLI:EU:C:2023:140
* * *