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Case T-358/20: Judgment of the General Court of 12 July 2023 — Net Technologies Finland v REA (Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Personnel costs — Reimbursement of sums paid — Eligibility of costs relating to in-house consultants — Burden of proof)
ECLI:EU:UNKNOWN:62020TA0358
62020TA0358
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Valentina R., lawyer
28.8.2023
Official Journal of the European Union
C 304/20
(Case T-358/20) (*)
(Arbitration clause - Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - Personnel costs - Reimbursement of sums paid - Eligibility of costs relating to in-house consultants - Burden of proof)
(2023/C 304/22)
Language of the case: English
Parties
Applicant: Net Technologies Finland Oy, (Helsinki, Finland) (represented by: S. Pappas, lawyer)
Defendant: European Research Executive Agency (REA), (represented by: S. Payan-Lagrou and V. Canetti, acting as Agents, and by M. Le Berre, lawyer,)
Re:
By its action based on Article 272 TFEU, the applicant seeks a declaration that, first, the costs for in-house consultants are eligible and, secondly, that the claim for reimbursement of the amounts of EUR 171 342,97 and EUR 17 134,30 in respect of an unjustified contribution and liquidated damages, respectively, is unfounded.
Operative part of the judgment
The Court:
1.Declares that the costs for internal consultants, rejected by the Research Executive Agency (REA) in the amount of EUR 184 642,84, constitute eligible costs under the grant agreement, bearing the reference FP7SEC2012312484, concluded with a view to carrying out the project ‘Inter System Interoperability for Tetra — TetraPol Networks’;
2.Declares that debit notes No 3242005825 concerning the recovery of the sum of EUR 171 342,97 in respect of an unjustified contribution and EUR 17 134,30 in respect of liquidated damages, issued by the REA are unfounded;
3.Orders the REA to pay the costs, including those relating to the interim proceedings.
(*) Language of the case: English.