Notices for publication in the OJ nº T-104/18 of Tribunal General de la Unión Europea, April 06, 2018

• Resolution Date: April 06, 2018
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-104/18

Action brought on 22 February 2018 - Fundación Tecnalia Research & Innovation v REA

(Case T-104/18)

Language of the case: Spanish

Parties

Applicant: Fundación Tecnalia Research & Innovation (Donostia-San Sebastián, Spain) (representatives: P. Palacios Pesquera and M. Rius Coma, lawyers)

Defendant: Research Executive Agency (REA)

Form of order sought

The applicant claims that the General Court should:

Declare the application, and the pleas in law contained therein, admissible;

Uphold the pleas in law put forward in that application and, accordingly, annul the contested decision stating that the repayment of the amounts corresponding to the tasks performed by TECNALIA is not required;

Order the REA to pay the costs of the proceedings.

Pleas in law and main arguments

The present application has been brought against the outcome of the inter partes financial recovery procedure in respect of the project FP7-SME-2013-605879-FOODWATCH grant agreement. The decision to terminate the FoodWatch grant agreement has its origin in the alleged failure to inform the defendant of the existence of the BreadGuard Project which, in the REA’s view, bore strong similarities to the FoodWatch project in terms of objectives, working methods and expected results.

In support of its action, the applicant relies on five pleas in law.

The first plea in law, alleging a failure to give reasons for the contested decision because of the failure to take into account the exculpatory evidence highlighted by TECNALIA during the inter partes investigation procedure.

The second plea in law, alleging...