Judgment of the Court (Sixth Chamber) of 17 September 2020.Alfamicro - Sistemas de computadores, Sociedade Unipessoal, Lda. v European Commission.Appeal – Action for annulment – Decision to recover a debt – Enforcement order – Principle of res judicata – Adoption of a decision which is enforceable within the meaning of Article 299 TFEU for the recovery of grants awarded under a contract – Grant agreement concluded under the Competitiveness and Innovation Framework Programme (CIP) (2007 – 2013).Case C-623/19 P.

Judgment of the Court (Sixth Chamber) of 17 September 2020 – Alfamicro v Commission

(Case C‑623/19 P) ( 1 )

(Appeal – Action for annulment – Decision to recover a debt – Enforcement order – Principle of res judicata – Adoption of a decision which is enforceable within the meaning of Article 299 TFEU for the recovery of grants awarded under a contract – Grant agreement concluded under the Competitiveness and Innovation Framework Programme (CIP) (2007–2013))

1. Appeal – Formal requirements – The name and address of the applicant – Objective

(Rules of Procedure of the Court of Justice, Art. 168(1)(a))

(see paras 27, 28)

2. Procedure – Res judicata – Scope

(see paras 37, 38)

3. Judicial proceedings – General Court seised under an arbitration clause – Jurisdiction of the Court – Scope – Prohibition on ruling ultra petita – Obligation to comply with the framework of the dispute as defined by the parties

(Art. 272 TFEU; Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Arts 76 and 84(1))

(see paras 40, 41)

4. EU budget – EU financial assistance – Obligation on the beneficiary to comply with the conditions for grant of the assistance – Justification of costs incurred – Proceedings by the Commission for recovery of advances paid – Recovery of the financing of costs considered ineligible

(Art. 317 TFEU; European Parliament and Council Regulation No 966/2012, Art. 135)

(see paras 49-52)

5. Action for annulment – Pleas in law – Misuse of powers – Concept

(Art. 263 TFEU)

(see para. 76)

6. Commission – Powers – Implementation of the EU budget – Debts to the EU arising from a contract made by an institution – Recovery by an enforceable decision – Power to adopt such a decision in the context of contractual relations – Legal basis – Contractual origin of the claim – Not relevant

(Art. 299 TFEU; European Parliament and Council Regulation No 966/2012, Art. 79(2))

(see para. 77)

7. EU law – Principes – Protection of legitimate expectations – Conditions

(see para. 84)

Operative part

The Court:

1. Dismisses the appeal;

2. Orders Alfamicro – Sistemas de computadores, Sociedade Unipessoal, Lda to pay the costs.

( 1 ) OJ C 348, 14.10.2019.