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Case T-654/20: Judgment of the General Court of 16 October 2024 – Silex v Eismea (Arbitration clause – Technological research and development – Framework Programme for Research and Innovation Horizon 2020 (2014-2020) – Grant agreement – Action for annulment – Debit note – Letter rejecting declared costs as ineligible and ordering the recovery of a contribution paid to the guarantee fund – Acts not amenable to review – Acts forming part of a purely contractual framework from which they are inseparable – Inadmissibility – Reclassification of the action – Obligation to state reasons – Eligible costs – Proportionality)
ECLI:EU:UNKNOWN:62020TA0654
62020TA0654
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Official Journal of the European Union
C series
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C/2024/7159
9.12.2024
(Case T-654/20)
(Arbitration clause - Technological research and development - Framework Programme for Research and Innovation ‘Horizon 2020’ (2014-2020) - Grant agreement - Action for annulment - Debit note - Letter rejecting declared costs as ineligible and ordering the recovery of a contribution paid to the guarantee fund - Acts not amenable to review - Acts forming part of a purely contractual framework from which they are inseparable - Inadmissibility - Reclassification of the action - Obligation to state reasons - Eligible costs - Proportionality)
(C/2024/7159)
Language of the case: Hungarian
Parties
Applicant: Silex Ipari Automatizálási Zrt. (Silex Zrt.) (Budapest, Hungary) (represented by: Á. Baratta, lawyer)
Defendant: European Innovation Council and SMEs Executive Agency (represented by: T. Somlai, A. Galea and F. Couplan, acting as Agents, and by A. Duron, lawyer)
Re:
By its action based on Article 263 TFEU and, in the alternative, on Article 272 TFEU, the applicant seeks, in the first place, annulment of debit note No 3242009492 in the amount of EUR 55 454,44, issued by the Executive Agency for Small and Medium-Sized Enterprises (EASME) on the basis of grant agreement ‘739280 – Electric axle for commercial vehicles – ELECTRIC_AXLE’, and, in the second place, annulment of the letter Ares (2020) 4309529 of 18 August 2020, by which EASME, first, decided to recover its contribution to the guarantee fund in the amount of EUR 48 238,75, and second, classified as ineligible direct personnel costs in the amount of EUR 210 423,11 and indirect costs in the amount of EUR 52 605,78.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Silex Impari Automatizálási Zrt. (Silex Zrt.) to pay the costs.
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Language of the case: Hungarian.
ELI: http://data.europa.eu/eli/C/2024/7159/oj
ISSN 1977-091X (electronic edition)
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(1) Language of the case: Hungarian.