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.
____________1 OJ C 129, 28.4.2014.