Judgment of the General Court of 16 July 2014 — Isotis v Commission
(Case T-59/11) 1
(Arbitration clause — Sixth framework programme for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006) — Access-eGOV, EU4ALL, eABILITIES, Emerge, Enable, Ask-It contracts — eTEN Programme relating to trans-European telecommunications networks — Navigabile and Euridice contracts — Competitiveness and Innovation Framework Programme — T-Seniority contract — Payment of the final balance — Counterclaim — Reimbursement of sums advanced — Liquidated damages)
Language of the case: Greek
Parties
Applicant: Koinonia Tis Pliroforias Anoichti Stis Eidikes Anagkes — Isotis (Athens, Greece) (represented by: V. Christianos, lawyer)
Defendant: European Commission (represented by: M. Condou-Durande and V. Savov, acting as Agents, and S. Pappas, lawyer)
Re:
Applications, based on Article 272 TFEU, seeking, on the one hand, first, to have declared unfounded the Commission’s application for reimbursement of subsidies paid to the applicant under contracts No 027020 ‘Access to e Government Services Employing Semantic Technologies’, No 035242 ‘A virtual platform to enhance and organise the coordination among centres for accessibility resources and support’, No 511298 ‘Ambient Intelligence System of Agents for Knowledge-based and Integrated Services for Mobility Impaired Users’, No 034778 ‘European Unified Approach for Accessible Lifelong Learning’, No 045056 ‘Emergency Monitoring and Prevention’, No 045563 ‘A wearable system supporting services to enable elderly people to live well, independently and at ease’, No 029255 ‘NavigAbile: e-inclusion for communication disabilities’, No 517506 ‘European Recommended Materials for Distance Learning Courses for Educators’ and No 224988 ‘T-Seniority: Expanding the benefits of information society to older people through digital TV channels’, concluded between the European Commission and the applicant, and, secondly, seeking an order that the Commission pay the final balance of subsidies under contracts No 511298 ‘Ambient Intelligence System of Agents for Knowledge-based and Integrated Services for Mobility Impaired Users’ and No 034778 ‘European Unified Approach for Accessible Lifelong Learning’ and, on the other hand, a counterclaim seeking an order that the applicant reimburse the subsidies wrongfully paid in the context of all of those contracts and liquidated damages.
Operative part of the judgment
The Court:
Dismisses the action brought by Koinonia Tis Pliroforias Anoichti Stis Eidikes Anagkes — Isotis;
Orders Koinonia Tis Pliroforias Anoichti Stis Eidikes Anagkes — Isotis to pay the sum of EUR 999 213.45, plus interest calculated as from 15 June 2011, at the European Central Bank (ECB) rate increased by 3.5 points, corresponding to the reimbursement of financial contributions from which it benefited, under contracts No 027020 Access to e-Government Services Employing Semantic Technologies’, No 035242 ‘A virtual platform to enhance and organize the coordination among centres for accessibility resources and support’, No 511298 ‘Ambient Intelligence System of Agents for Knowledge-based and Integrated Services for Mobility Impaired Users’, No 034778 ‘European Unified Approach for Accessible Lifelong Learning’, No 045056 ‘Emergency Monitoring and Prevention », No 045563 ‘A wearable system supporting services to enable elderly people to live well, independently and at ease’, No 029255 ‘NavigAbile: e-inclusion for communication disabilities’, No 517506 ‘European Recommended Materials for Distance Learning Courses for Educators’ and No 224988 ‘T-Seniority: Expanding the benefits of information society to older people through digital TV channels’;
Orders Koinonia Tis Pliroforias Anoichti Stis Eidikes Anagkes — Isotis to pay the sum of EUR 70 471.47, plus interest calculated at the European Central Bank (ECB) rate increased by 3.5 points as from 5 August 2011, corresponding to liquidated damages under contracts No 027020 ‘Access to e-Government Services Employing Semantic Technologies’, No 035242 ‘A virtual platform to enhance and organize the coordination among centres for accessibility resources and support’, No 511298 ‘Ambient Intelligence System of Agents for Knowledge-based and Integrated Services for Mobility Impaired Users’, No 034778 ‘European Unified Approach for Accessible Lifelong Learning’, No 045056 ‘Emergency Monitoring and Prevention’, No 045563 ‘A wearable system supporting services to enable elderly people to live well, independently and at ease’;
Orders Koinonia Tis Pliroforias Anoichti Stis Eidikes Anagkes — Isotis to bear its own costs and pay those incurred by the European Commission.
________________________1 OJ C 89, 19.3.2011.