Judgment of the General Court of 13 June 2012 Insula v Commission

(Case T-366/09) 

(Arbitration clause - Financing contracts for research and development projects - Ecres, El Hierro, Islands 2010, Opet I, Opet II, Opet Ola, Respire, Sustainable Communities and Virtual Campus contracts - Lack of supporting documents and non-compliance with the contractual requirements in respect of some of the declared expenses - Reimbursement of sums advanced - Partial inadmissibility of the action - Counterclaim by the Commission)

Language of the case: French

Parties

Applicant: Conseil scientifique international pour le développement des îles (Insula) (Paris, France) (represented by: J.-D. Simonet and P. Marsal, lawyers)

Defendant: European Commission (represented initially by A.-M. Rouchaud-Joët and F. Mirza, and subsequently by A.-M. Rouchaud-Joët and D. Calciu, Agents, and by L. Defalque and S. Woog, lawyers)

Re:

Application, on the basis of Article 238 EC, for a declaration, first, that a claim of the Commission of EUR 114 996.82 is unfounded and, second, that a claim of the Commission of EUR 253 617.08 is well founded in part, and that the Commission be ordered to pay the applicant damages of EUR 146 261.06, principally, and of EUR 573 273.42, in the alternative.

Operative part of the judgment

The Court:

Dismisses the action brought by the Conseil scientifique international pour le développement des îles (Insula);

Orders Insula to pay the European Commission the principal sum of EUR 114 996.82, increased by default interest at the rate of 2.5% per annum, from 16 August 2009 until full payment of that principal sum;

Orders Insula to pay the Commission the principal sum of EUR 253 617.08, increased by default interest at the rate of 2.5% per annum, from 8 September 2009 until full payment of that principal sum;

Dismisses the remainder of the Commission's counterclaim;

Orders Insula to bear its own costs and to pay those incurred by the Commission.

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¹ - OJ C 282, 21.11.2009.