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Case T-393/15: Judgment of the General Court of 14 September 2017 — Università del Salento v Commission (Arbitration clause — General Programme ‘Fundamental Rights and Justice’ — Specific programme ‘Criminal Justice’ — Recovery of sums paid by the Commission under a grant agreement — Set-off of amounts owed — Partial reclassification of the action — Application for a declaration that there is no contractual claim)
ECLI:EU:UNKNOWN:62015TA0393
62015TA0393
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30.10.2017
Official Journal of the European Union
C 369/8
(Case T-393/15) (<span class="super note-tag">1</span>)
((Arbitration clause - General Programme ‘Fundamental Rights and Justice’ - Specific programme ‘Criminal Justice’ - Recovery of sums paid by the Commission under a grant agreement - Set-off of amounts owed - Partial reclassification of the action - Application for a declaration that there is no contractual claim))
(2017/C 369/10)
Language of the case: Italian
Parties
Applicant: Università del Salento (Lecce, Italy) (represented by: F. Vetrò, lawyer)
Defendant: European Commission (represented by: initially, L. Di Paolo, F. Moro, L. Cappelletti and O. Verheecke, and subsequently L. Di Paolo, F. Moro and O. Verheecke, acting as Agents)
Re:
First, application under Article 263 TFEU seeking (i) annulment of Commission Decision D/C4 — B.2 — 005817 of 4 May 2015, by which the applicant’s claim in respect of the implementation of a contract in a first project, Entice (Explaining the Nature of Technological Innovation in Chinese Enterprises), was set off against the applicant’s debt in respect of the implementation of a contract in a second project, entitled ‘Judicial Training and Research on EU crimes against environment and maritime pollution’; (ii) annulment of all other measures, preliminary to, consecutive to or, in any event, connected with that decision; and (iii) an order requiring the Commission to pay to the applicant the amounts owed to it for the implementation of the Entice project; and, secondly, application under Article 272 TFEU seeking a declaration that the debt claimed by the Commission in respect of the implementation of the second project is non-existent.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Università del Salento to pay the costs.
(<span class="super">1</span>) OJ C 311, 21.9.2015.