Appeal Proceedings Against Negative Evaluation of Applications

GJW Gramza i Wspólnicy provides professional advisory services in the field of EU funds in cases involving refusal of funding (refusal of EU grants), in particular with regard to preparing appeals against funding decisions under programs financed from European Union funds. We support applicants at the stage where the outcome depends on the proper use of legal remedies, precise reference to evaluation criteria, and the structured presentation of arguments and evidence.

A negative assessment of a project resulting in refusal of funding may arise from formal errors, a different interpretation of the criteria, ambiguity in the project description, objections concerning the eligibility of expenditures, budget, indicators or timetable, as well as the assessment of the project’s compliance with state aid rules, in particular with regard to the classification of support, incentive effect, aid intensity, cumulation, and eligible costs.

The purpose of the appeal procedure is to demonstrate that the evaluation was carried out in breach of the rules of the call for proposals or that the application satisfies the criteria which were deemed not to have been met. In this context, accurate identification of errors in the evaluation of the EU grant application and preparation of coherent arguments addressing the criteria and the findings arising from the call documentation are of key importance.

Refusal of Funding – Scope of Services, Appeal Against a Funding Decision

The scope of our services includes in particular:

• thorough analysis of the call documentation and the evaluation, including the call rules, criteria, evaluation sheets, reasoning, and correspondence with the institution,
• identification of grounds for an appeal against the funding decision, including breaches in the application of the criteria, omission of information, errors of interpretation, and inconsistencies with the principle of equal treatment,
• preparation of the protest/appeal together with full arguments relating to the individual criteria and the evaluation findings,
• development of evidentiary materials and supplementary explanations to the extent permitted under the applicable procedure, while maintaining consistency with the content of the application and the findings arising from the analysis of the funding application evaluation,
• support in cases where the dispute concerns the budget, eligibility of costs, reasonableness of expenditure, indicators, timetable, or the applicant’s capacity,
• analysis and argumentation in the area of state aid, in particular with regard to project classification, incentive effect, aid intensity, cumulation, and compliance of costs with the applicable aid regime,
• preparation of supplementary submissions, responses to requests for clarification, and participation in procedural steps, where applicable,
• representation in further stages of appeals concerning EU funds decisions, including proceedings following the review of a protest and related follow-up measures.
  

How We Handle the Case

Appeal proceedings require both precision and selectivity. At the outset, we determine which elements of the evaluation are decisive, and then prepare arguments based on the criteria and the call documentation. In cases involving a state aid component, we ensure that the line of reasoning is consistent with the relevant rules governing the grant of support, including the requirements concerning eligible costs and aid intensity. We also support local government units, including municipalities, in matters relating to refusal of funding and negative project evaluations, by preparing effective appeals and requests for re-evaluation.

Our Approach

We focus on presenting the client’s position in a manner that facilitates the institution’s review of the evaluation: we clearly indicate which criteria were met, where an incorrect interpretation or omission of information occurred, and what consequences this should have for the outcome of the procedure. The objective is to bring about a change in the decision or a re-evaluation to the extent justified by the call rules and the material in the case.

We also offer consultations at the project preparation stage, helping to increase the chances of obtaining funding from European Union resources and reducing the risk of refusal by ensuring that the application and project documentation are properly prepared.