Order of the General Court of 27 November 2023 – Indetec v CINEA
(Case T-250/22) 1
(Action for annulment and compensation – Arbitration clause – Programme for the Environment and Climate Action (LIFE) – Grant agreement – Decision categorising certain expenditure connected to a subcontract as ineligible expenditure – Obligation to state reasons – Right to sound administration – Article 202(4) of Regulation (EU, Euratom) 2018/1046 – Rights of the defence – Proportionality – Action in part manifestly brought before a court which does not have jurisdiction to hear it and in part manifestly lacking any foundation in law)
Language of the case: Spanish
Parties
Applicant: Ingeniería para el Desarrollo Tecnológico, SL (Indetec) (Valencia, Spain) (represented by: J. Navas Marqués, lawyer)
Defendant: European Climate, Infrastructure and Environment Executive Agency (represented by: I. Ramallo and P. Rosa Plaza, acting as Agents, and by J. Rivas Andrés and A. Manzaneque Valverde, lawyers)
Re:
By its action under Articles 263 and 272 TFEU, the applicant requests that the Court, first, annul the decision of the European Climate, Infrastructure and Environment Executive Agency (CINEA), contained in the letter bearing the reference Ares(2022) 1775149 of 10 March 2022, by way of which certain expenditure relating to a subcontract was categorised as ineligible expenditure; second, rule that the applicant correctly applied Article II.9.1 of the general conditions of the grant agreement to which it was party; and, third, order the European Commission to pay the applicant the amount of EUR 335 900 in performance of its contractual obligations under that agreement.
Operative part of the order
The action is dismissed.
Ingeniería para el Desarrollo Tecnológico, SL (Indetec) shall pay the costs.
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1 OJ C 244, 27.6.2022.