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CJEU Case C-584/17 P / Opinion

ADR Center SpA v European Commission.

Policy area:
Justice, freedom and security
Deciding Body type:
Court of Justice of the European Union
Deciding Body:
Advocate General
Decision date:
07/11/2019
ECLI:
ECLI:EU:C:2019:941

Key facts of the case:

Appeal — Arbitration clause — Grant agreements concluded in the context of the Specific Programme ‘Civil Justice’ for the period 2007-2013 — Audit reports questioning the eligibility of certain costs — European Commission decision to recover unduly paid sums — Article 299 TFEU — Power of the Commission to adopt an enforceable decision within contractual relationships — Jurisdiction of the EU judicature — Effective judicial protection.

Outcome of the case:

On the basis of the above considerations, I propose that the Court should:

  1. Dismiss the appeal;
  2. Order ADR Center SpA to bear two thirds of its own costs and to pay two thirds of the costs incurred by the European Commission;
  3. Order the European Commission to bear one third of its own costs and to pay one third of the costs incurred by ADR Center SpA.