Judgment of the General Court of (Sixth Chamber) of 27 September 2012 - Applied Microengineering v Commission
(Case T-387/09)
(Fifth framework programme for research, technological development and demonstration - Contracts concerning the projects 'Formation of a New Design House for MST' and 'Assessment of a New Anodic Bonder' - Recovery of part of the financial contribution paid - Enforceable decision - Decision amending the contested decision during the proceedings - Legal basis of the action - Nature of the pleas put forward - Legitimate expectations - Obligation to state the reasons on which the decision is based - Principle of sound administration)
Language of the case: English
Parties
Applicant: Applied Microengineering Ltd (Didcot, United Kingdom) (represented: initially by P. Walravens and J. De Wachter, and subsequently by P. Walravens and J. Blockx, lawyers)
Defendant: European Commission (represented by: S. Petrova, acting as Agent, assisted by R. Van der Hout, lawyer)
Re:
Application for annulment of Commission Decision C(2009) 5797 of 16 July 2009 relating to the recovery of the sum of EUR 258 560.61 plus interest payable by the applicant in the framework of the projects IST-199-11823 FOND MST ('Formation of a New Design House for MST') and IST-2000-28229 ANAB ('Assessment of a New Anodic Bonder').
Operative part of the judgment
The Court:
Dismisses the action;
Orders Applied Microengineering Ltd, in addition to bearing its own costs, to pay those incurred by the European Commission.
____________1 - OJ C 312, 19.12.2009.