Action brought on 4 February 2013 - ANKO v Commission

(Case T-64/13)

Language of the case: Greek

Parties

Applicant: ANKO AE Antiprosopion, Emporiou kai Viomikhanias (Athens, Greece) (represented by: V. Khristianos, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:

declare that the applicant does not have to refund as wrongly paid the sum which the Commission paid to it for the DOC@HAND project;

declare that the applicant does not have to pay the Commission liquidated damages for the DOC@HAND project;

order the Commission to pay the applicant's costs.

Pleas in law and main arguments

The present action concerns liability of the Commission under contract No 508015 relating to the carrying out of the project 'Knowledge Sharing and Decision Support for Healthcare Professionals' (DOC@HAND), pursuant to Article 272 TFEU. Specifically, the applicant submits that, although it performed its contractual obligations, the Commission, in breach of the aforementioned contract, of the principle of good faith, of the prohibition of the abuse of rights, and of proportionality, sought reimbursement of the sums paid to it.

For that reason, the applicant submits, first, that it does not have to refund as wrongly paid the whole of the sum which the Commission paid to it for the DOC@HAND project and, second, that it does not have to pay the Commission liquidated damages for the DOC@HAND project.

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