Judgment of the General Court of 19 February 2016 — Ludwig-Bölkow-Systemtechnik v Commission

(Case T-53/14) ¹

(Arbitration clause — Sixth framework programme for research, technological development and demonstration activities — Reimbursement of a portion of the amounts paid and flat-rate compensation — No need to adjudicate in part — Costs eligible for EU funding — Penalty clause — Manifestly excessive character)

Language of the case: German

Parties

Applicant: Ludwig-Bölkow-Systemtechnik GmbH (Ottobrunn, Germany) (represented by: initially, M. Núñez Müller and T. Becker, and, subsequently, M. Núñez Müller, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and F. Moro, acting as Agents)

Re:

Application for a declaration, first, that the Commission is not entitled to require the applicant to reimburse advances paid under three contracts and, secondly, that the applicant is not required to pay flat-rate compensation to the Commission.

Operative part of the judgment

The Court:

Declares that there is no longer any need to adjudicate on the second and third heads of claim of the action;

Declares that the sums payable as flat-rate compensation by Ludwig-Bölkow-Systemtechnik GmbH are to be reduced by an amount equivalent to 10% of the advances to be reimbursed under the contracts concerning the projects HyWays, HyApproval and HarmonHy;

Dismisses the action as to the remainder;

Orders Ludwig-Bölkow-Systemtechnik and the European Commission to bear their own respective costs.

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¹ OJ C 129, 28.4.2014.