Judgment of the General Court (Fourth Chamber) of 13 September 2013 —
Berliner Institut für Vergleichende Sozialforschung v Commission
(Case T‑73/08)
Financial assistance paid in the context of the Daphne II programme — Determination of the amount of the final grant — Debit note — Measure open to challenge — Obligation to state reasons — Fair trial — Errors of assessment
1. Judicial proceedings — Application initiating proceedings — Subject-matter of the dispute — Delimitation — Alteration once proceedings have been started — Prohibition (Rules of Procedure of the General Court, Art. 48(2)) (see paras 42-44)
2. Judicial proceedings — Admissibility of actions — Introduction of a plea of inadmissibility — Dismissal of an action on the merits without first ruling on the plea of inadmissibility — Procedural economy (Rules of Procedure of the General Court) (see paras 47, 48)
3. EU budget — Community financial assistance — Obligation of the beneficiary to comply with the conditions for grant of the aid — Decision to reduce the amount of aid by reason of irregularities — Copy of employment contract lacking — No justification on the basis of data protection — Ineligible expenses (Art. 274 EC) (see paras 55-59)
4. EU budget — Community financial assistance — Obligation of the beneficiary to comply with the conditions for grant of the aid — Financing covering only expenses actually incurred — No proof of the reality of the expenses declared — Ineligible expenses (Art. 274 EC) (see paras 67-70)
5. EU budget — Community financial assistance — Obligation of the beneficiary to comply with the conditions for grant of the aid — Financing covering only expenses actually incurred — Burden of proof (Art. 274 EC) (see paras 79-81, 103-105)
6. EU budget — Community financial assistance — Obligation of the beneficiary to comply with the conditions for grant of the aid — Decision to reduce the amount of aid by reason of irregularities — Conflict of interests — Ineligible expenses (Art. 274 EC) (see paras 126-130)
7. EU budget — Community financial assistance — Obligation of the beneficiary to comply with the conditions for grant of the aid — Decision to reduce the amount of aid by reason of irregularities — Ineligible expenses (Art. 274 EC) (see paras 132-135, 153, 154)
8. EU law — Principles — Rights of defence — Whether applicable to administrative procedures initiated by the Commission — Community financial assistance — Reasonable time-limit to submit observations — Refusal to grant extension of the period for reply — No infringement of the rights of the defence (Art. 274 EC) (see paras 187-192)
Re:
| APPLICATION for annulment of the decision of the Commission contained in the debit note of 26 November 2007, in which it requested the applicant to repay the sum of EUR 23 228.07 which the Commission paid to the applicant pursuant to the Daphne Grant Agreement (JLS/DAP/2004‑1/080/YC). |
Operative part
The Court:
2. | | Orders Berliner Institut für Vergleichende Sozialforschung eV to pay the costs. |