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

(Case T-110/10) 

(Arbitration clause - Financing contract for research and development projects - El Hierro contract - Lack of supporting documents and non-compliance with the contractual requirements in respect of the declared expenses - Reimbursement of sums advanced - 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, submitted on the basis of Article 272 TFEU, seeking a declaration, first, that the Commission's request for reimbursement of the sum of EUR 84 120 is unfounded and, second, that the Commission be ordered to issue a 'credit note' in the amount of EUR 84 120.

Operative part of the judgment

The Court:

Dismisses the action;

Orders the Conseil scientifique international pour le développement des îles (Insula) to pay the European Commission the principal sum of EUR 84 120, increased by default interest at the rate of 2.5% per annum, from 26 January 2010 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.

____________

¹ - OJ C 134, 22.5.2010.