The holiday season is in full swing, but our litigation team remains fully alert — and fully engaged. The best proof: ongoing preparations for proceedings before the General Court of the European Union in Luxembourg in one of the most complex categories of disputes — EU grant litigation.

What is the dispute about?

We represent a client — a beneficiary of a grant awarded under an EU framework programme — in a dispute with the European Innovation Council and SMEs Executive Agency (EISMEA). At the heart of the dispute lies the allegation of so-called technology abandonment (departure from the technology) — the EU agency’s claim that, in the course of the project, the beneficiary departed from the technology on which the funding decision was based, which, in the Agency’s view, justifies a demand for repayment of the funds.

This is one of the most difficult and most judgment-laden categories of allegations in grant disputes. The line between impermissible “abandonment” of a technology and the natural — indeed expected — evolution of a solution in a research and innovation project is fluid, and where that line is drawn determines the fate of the entire funding. Disputes of this kind require navigating simultaneously the grant agreement regime, European Union law and the technological specifics of the project.

A direct action before the EU General Court

The dispute will be brought before the General Court of the European Union by way of a direct action based on the arbitration clause contained in the grant agreement (Article 272 TFEU). As part of the preparations, our attorneys-at-law have set up individual representative accounts in e-Curia — the mandatory electronic filing system of the EU courts — and stand ready to represent the client at every stage of the proceedings in Luxembourg.

What does this mean for you?

If your company is implementing, or has implemented, an EU-funded project (Horizon 2020, Horizon Europe, EIC Accelerator and others) and you have received a letter from an EU institution questioning the implementation of the project, an audit notification, a debit note or a repayment demand — you are not without recourse. Decisions and demands of EU executive agencies are subject to review, and beneficiaries have real legal remedies at their disposal, including judicial proceedings before the EU General Court.

Our litigation team combines experience in civil and commercial disputes with hands-on knowledge of EU law, the EU grant regime and the procedure before the EU courts.

Feel free to reach out — holiday season included. We are not slowing down.

Artykuł Summer holidays? Not for our litigation team. We are preparing a dispute before the EU General Court pochodzi z serwisu KIELTYKA GLADKOWSKI LEGAL | CROSS BORDER POLISH LAW FIRM RANKED IN THE LEGAL 500 EMEA SINCE 2019.