Judgment of the General Court of 12 December 2013 – ANKO v Commission
(Case T-117/12) 1
(Arbitration clause – Seventh framework programme for research, technological development and demonstration (2007-2013) – Contracts concerning the Perform and Oasis projects – Suspension of payments – Irregularities found in audits relating to other projects – Late-payment interest)
Language of the case: Greek
Parties
Applicant: ANKO AE Antiprosopeion, Emporiou kai Viomichanias (Athens, Greece) (represented by: V. Christianos, lawyer)
Defendant: European Commission (represented by: R. Lyal, B. Conte, acting as Agents, and S. Drakakakis, lawyer)
Re:
Action founded on the basis of Article 272 TFEU, seeking, firstly, a declaration from the General Court that the suspension of reimbursement of the sums advanced by the applicant in performance of the contracts relating to the Perform and Oasis projects, which were concluded in the context of the Seventh Framework Programme for research, technological development and demonstration, contributing to the creation of a European Research and Innovation Area (2007-2013), constitutes a breach by the Commission of its contractual obligations and, secondly, an order, on the one hand, that the Commission pay the applicant the sum of EUR 637 117.17 under the Perform project, together with interest for late payment and, on the other, that the applicant is not required to reimburse the sum of EUR 56 390 paid to it under the Oasis project.
Operative part of the judgment
The Court:
Orders the European Commission to pay to ANKO AE Antiprosopeion, Emporiou kai Viomichanias the sums of which the payment was suspended on the basis of the third indent of point II.5(3)(d) of the general conditions annexed to the grant agreements relating to the Oasis and Perform projects, concluded in the context of the Seventh Framework Programme for research, technological development and demonstration (2007-2013), without such payment prejudicing the eligibility of the expenses declared by ANKO Antiprosopeion, Emporiou kai Viomichanias or the implementation of the findings of final audit report 11-INFS-0035 by the Commission. The amount of the sums to be paid shall be inside the limits of the balance of the financial aid available at the time of the suspension of the payments and those sums must be increased by late-payment interest which shall start to run, in respect of each period, on expiry of the 105-day time-limit for payment following receipt of the corresponding reports by the Commission. The interest rate applicable shall be that in force on the first day of the month in which the payment fell due, as published in the Official Journal of the European Union, Series C;
Dismisses the remainder of the action;
Orders ANKO AE Antiprosopeion, Emporiou kai Viomichanias to bear a third of its own costs;
Orders the European Commission to bear its own costs and to pay two-thirds of the costs incurred by ANKO Antiprosopeion, Emporiou kai Viomichanias.
________________________1 OJ C 138, 12.5.2012.