Comunicazioni sulla GU nº T-529/19 of Tribunal General de la Unión Europea, October 04, 2019
Resolution Date | October 04, 2019 |
Issuing Organization | Tribunal General de la Unión Europea |
Decision Number | T-529/19 |
Ricorso proposto il 22 luglio 2019 - Adeso / Commissione
(Causa T-529/19)
Lingua processuale: l’inglese
Parti
Ricorrente: African Development Solutions (Adeso) (Nairobi, Kenya) (rappresentante: R. Martens, avvocato)
Convenuta: Commissione europea
Conclusioni
La ricorrente chiede che il Tribunale voglia:
annullare, in toto, la decisione impugnata, ossia la decisione della Commissione del 10 maggio 2019, e accertare quindi l’infondatezza delle domande di rimborso in relazione ai Grant Agreements FED/2013/313-770 e FED/2013/316-291 per un importo pari rispettivamente a EUR 3 298 703,59 e a EUR 11 919,40.
condannare la convenuta alla totalità delle spese.
Motivi e principali argomenti
A sostegno del ricorso, la ricorrente deduce due motivi.
Primo motivo, vertente sulla violazione dell’articolo 41 della Carta dei diritti fondamentali dell’Unione europea, in cui è sancito il principio di buona amministrazione: il diritto di essere ascoltato è stato manifestamente violato, così come il principio della certezza del diritto, in quanto, nonostante le numerose e gravi preoccupazioni sollevate dalla ricorrente relative alla controversa relazione di revisione contabile e i diversi incontri richiesti al fine di chiarire tali importanti questioni irrisolte, la Commissione si è rifiutata di fissare tali incontri, mentre, secondo giurisprudenza consolidata, il rispetto del diritto di essere ascoltato ha portata generale ed è una condizione di legittimità di ogni decisione adottata dalle istituzioni dell’UE e deve pertanto essere rispettata sempre e in ogni tipo di procedimento.
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