# C_2020087EN.01002101.xml

| 16.3.2020 | EN | Official Journal of the European Union | C 87/21 |
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16.3.2020

EN

Official Journal of the European Union

C 87/21

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Action brought on 31 December 2019 — GABO:mi v Commission

(Case T-881/19)

(2020/C 87/26)

Language of the case: English

Parties

Applicant: GABO:mi Gesellschaft für Ablauforganisation:milliarium mbH & Co. KG (Munich, Germany) (represented by: C. Mayer, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

| — | order the defendant to pay EUR 1 680 681,82 plus interest of EUR 76 552,60 to the applicant; |
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order the defendant to pay EUR 1 680 681,82 plus interest of EUR 76 552,60 to the applicant;

| — | order the defendant to bear all costs of the proceedings. |
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order the defendant to bear all costs of the proceedings.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

| 1. | First plea in law, alleging that eligible costs must be reimbursed by the defendant.






  — | The applicant conducted its services under FP6 and FP7 grant agreements. Be-tween 1 August 2015 and 30 April 2016, the applicant was working in a total of 37 research projects. From 1 May 2016 until 30 June 2016, the applicant conducted its services in a total of 38 research projects. All costs incurred during these timespans fulfil the eligibility criteria stipulated in the grant agreements entered into by the parties (Article II.14.1). These costs have not yet been reimbursed by the defendant. The defendant is obliged to reimburse these costs according to the grant agreements. |
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1.

First plea in law, alleging that eligible costs must be reimbursed by the defendant.

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The applicant conducted its services under FP6 and FP7 grant agreements. Be-tween 1 August 2015 and 30 April 2016, the applicant was working in a total of 37 research projects. From 1 May 2016 until 30 June 2016, the applicant conducted its services in a total of 38 research projects. All costs incurred during these timespans fulfil the eligibility criteria stipulated in the grant agreements entered into by the parties (Article II.14.1). These costs have not yet been reimbursed by the defendant. The defendant is obliged to reimburse these costs according to the grant agreements.

| 2. | Second plea in law, alleging that the set-offs during the period from August 2015 to April 2016 are ineffective.






  — | The set-offs during the period from August 2015 to April 2016 are ineffective pursuant to German insolvency law. Regarding a partial amount of EUR 274 248,27, the ineffectiveness of the set-offs against the claims of the applicant follows from Section 95 (1) 3 of the German Insolvency Code (InsO). As far as the set-offs concern the remaining amount of EUR 1 144 394,33 pursuant to the judgment of 25 September 2018 in GABO:mi Gesellschaft für Ablauforganisation:milliarium mbH & Co. KG v Commission (Case T-10/16, EU:T:2018:600), set-off is deemed ineffective pursuant to section 96 (1) 3 InsO, in conjunction with section 133 (1) InsO (former version). |
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2.

Second plea in law, alleging that the set-offs during the period from August 2015 to April 2016 are ineffective.

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The set-offs during the period from August 2015 to April 2016 are ineffective pursuant to German insolvency law. Regarding a partial amount of EUR 274 248,27, the ineffectiveness of the set-offs against the claims of the applicant follows from Section 95 (1) 3 of the German Insolvency Code (InsO). As far as the set-offs concern the remaining amount of EUR 1 144 394,33 pursuant to the judgment of 25 September 2018 in GABO:mi Gesellschaft für Ablauforganisation:milliarium mbH & Co. KG v Commission (Case T-10/16, EU:T:2018:600), set-off is deemed ineffective pursuant to section 96 (1) 3 InsO, in conjunction with section 133 (1) InsO (former version).

| 3. | Third plea in law, alleging that the set-offs during the preliminary insolvency proceedings (May to June 2016) are ineffective






  — | The set-offs of the defendant during the period from May to June 2016 are ineffective pursuant to section 96 (1) 3 InsO, in conjunction with section 130 (1) No. 2 InsO. Section 96 (1) 3 InsO provides for insolvency-related ineffectiveness of such set-offs that were declared before opening of insolvency proceedings or thereafter where the right of set-off was obtained in a voidable manner. |
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3.

Third plea in law, alleging that the set-offs during the preliminary insolvency proceedings (May to June 2016) are ineffective

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The set-offs of the defendant during the period from May to June 2016 are ineffective pursuant to section 96 (1) 3 InsO, in conjunction with section 130 (1) No. 2 InsO. Section 96 (1) 3 InsO provides for insolvency-related ineffectiveness of such set-offs that were declared before opening of insolvency proceedings or thereafter where the right of set-off was obtained in a voidable manner.

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