Judgment of the General Court (Fifth Chamber) of 12 December 2013 —
ANKO v Commission

(Case T‑118/12)

Arbitration clause — Sixth framework programme for research, technological development and demonstration (2002-2006) — Contract concerning the Persona project — Suspension of payments — Irregularities found in audits relating to other projects — Late-payment interest

Judicial proceedings — Referral to the General Court under an arbitration clause — Jurisdiction of the General Court defined by the arbitration clause — Jurisdiction in derogation from ordinary law — Restrictive interpretation — Application seeking verification of a party’s compliance with the conclusions of an audit report unconnected with the contract in question — Application outside the scope of application of the arbitration clause — General Court not having jurisdiction (Art. 272 TFEU) (see paras 52-54)

Re:

ACTION founded on an arbitration clause within the meaning 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 Persona contract No 045459, which was concluded in the context of the Sixth Framework Programme for research, technological development and demonstration, contributing to the creation of a European Research and Innovation Area (2002-2006), constitutes a breach by the Commission of its contractual obligations and, secondly, an order that the Commission pay the applicant the sum of EUR 6 752.74 under that project, together with interest for late payment.

Operative part

The Court:

1. 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.28(8) of the general conditions annexed to the contract relating to the Persona project, concluded in the context of the Sixth Framework Programme for research, technological development and demonstration, contributing to the creation of a European Research and Innovation Area (2002-2006), without such payment prejudicing the eligibility of the expenses declared by ANKO AE Antiprosopeion, Emporiou kai Viomichanias or the implementation of the findings of final audit report 11-BA134-011 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 45-day time-limit for payment following approval of the corresponding reports by the Commission and, at the latest, 90 days from their receipt 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;

2. Orders the Commission to pay the costs.