Judgment of the General Court (First Chamber) of 2 October 2012 — ELE.SI.A v Commission

(Case T‑312/10)

Arbitration clause — Sixth multiannual framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006) — Contract concerning the ‘I Way, Intelligent, co-operative system in cars for road safety’ project — Termination of the contract — Request for repayment of the financial contribution paid — Damages — Action seeking to obtain the full financial contribution requested and to challenge the request for repayment — Counterclaim

1.                     Proceedings — Application initiating proceedings — Formal requirements — Summary statement of pleas — Plea not accompanied by any explanation enabling its merit to be assessed — Inadmissible (Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 76)

2.                     EU budget — EU financial assistance — Obligation of the beneficiary to comply with the conditions for grant of the aid — Contracts concluded under a specific research, technical development and demonstration programme — Procedure for verifying irregularities — Audit of accounting and management principles, jointly carried out by Commission staff and external consultants — No obligation to provide employees questioned with the assistance of an interpreter — Audit not falling within the scope of Regulation No 2185/96 (Council Regulation No 2185/96) (see paras 77-93)

3.                     Proceedings — Referral to the General Court under an arbitration clause — Contracts concluded under a specific research, technical development and demonstration programme — Termination of a contract by reason of irregularities committed by the co-contractor — Claims for repayment of the financial contribution paid plus damages — Action seeking payment of the whole of the financial contribution sought and challenging the claim for repayment — Counterclaim — Finding of non-compliance with contractual obligations — Right of the Commission to repayment of the advance plus interest (Art. 272 TFEU) (see paras 103-123, 153-158)

Re:

APPLICATION seeking payment of the financial contribution to which the applicant considers that it is entitled under the terms of Contract No 27195, entered into on 13 December 2005 between the Commission and the applicant, relating to the research project entitled ‘I Way, Intelligent, co-operative system in cars for road safety’, and a counterclaim for repayment of a part of the financial contribution paid and for payment of damages.

Operative part

The Court:

1. Dismisses the action brought by Elettronica e sistemi per automazione (ELE.SI.A) SpA;

2. Orders ELE.SI.A to pay to the European Commission a sum of EUR 184 129.74, plus interest from 18 May 2010, together with a sum of EUR 7 344.46, plus interest from 18 June 2010;

3. Orders ELE.SI.A to pay the costs.