Notices for publication in the OJ 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

Action brought on 22 July 2019 - Adeso v Commission

(Case T-529/19)

Language of the case: English

Parties

Applicant: African Development Solutions (Adeso) (Nairobi, Kenya) (represented by: R. Martens, lawyer)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

annul, in its entirety, the contested decision, i.e. the Commission’s decision of 10 May 2019, and thus to declare that the claims for recovery in respect of Grant Agreements FED/2013/313-770 and FED/2013/316-291 in the amount of respectively EUR 3 298 703,59 and EUR 11 919,40 have no basis ;

order the defendant to pay all costs.

Pleas in law and main arguments

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

First plea in law, alleging breach of Article 41 of the Charter of Fundamental Rights of the European Union, in which the principle of good administration is embedded: the right to be heard is manifestly disregarded, as well as the principle of legal certainty, because, despite the numerous and serious concerns raised by the applicant regarding the contested Audit report and the several meetings requested in order to clarify these important outstanding issues, the Commission refused to set up such meeting, whereas, in accordance with settled case-law, observance of the right to be heard is of general application and a condition of legality of any decision taken by the EU institutions, and must therefore be respected at all times and in all sort of procedures.

Second plea in law, alleging breach of the...