# C_2016200EN.01002701.xml

| 6.6.2016 | EN | Official Journal of the European Union | C 200/27 |
| --- | --- | --- | --- |

6.6.2016

EN

Official Journal of the European Union

C 200/27

---

Action brought on 25 March 2016 — Uniwersytet Wrocławski v Commission and REA

(Case T-137/16)

(2016/C 200/39)

Language of the case: Polish

Parties

Parties

Applicant: Uniwersytet Wrocławski (Wrocław, Poland) (represented by: W. Dubis, lawyer)

Applicant:

Defendants: European Commission and Research Executive Agency (REA)

Defendants:

Form of order sought

Form of order sought

The applicant claims that the Court should:

| — | annul the decision of the Research Executive Agency (REA) to terminate Grant Agreement No 252908 for the COSSAR (Cooperative Spectrum Sensing Algorithms for Cognitive Radio Networks) Project (PIEF-GA-2009-252908), which was concluded on 26 July 2010 under the Seventh Framework Programme of the European Union — European Support for Training and Career Development of Researchers (Marie Curie) and to require the applicant to repay a portion of the financial assistance in the amounts of EUR 36 508,37 and EUR 58 031,38, to repay the security for the guarantee fund in the amount of 6 286,68 and to pay a contractual penalty in the amount of EUR 5 803,14; |
| --- | --- |

—

annul the decision of the Research Executive Agency (REA) to terminate Grant Agreement No 252908 for the COSSAR (Cooperative Spectrum Sensing Algorithms for Cognitive Radio Networks) Project (PIEF-GA-2009-252908), which was concluded on 26 July 2010 under the Seventh Framework Programme of the European Union — European Support for Training and Career Development of Researchers (Marie Curie) and to require the applicant to repay a portion of the financial assistance in the amounts of EUR 36 508,37 and EUR 58 031,38, to repay the security for the guarantee fund in the amount of 6 286,68 and to pay a contractual penalty in the amount of EUR 5 803,14;

| — | require the REA to reimburse to the applicant the portion of the financial assistance in the amounts of EUR 36 508,37 and EUR 58 031,38, the security for the guarantee fund in the amount of 6 286,68 and the contractual penalty in the amount of EUR 5 803,14, increased by interest from the date of payment up to the date of reimbursement; |
| --- | --- |

—

require the REA to reimburse to the applicant the portion of the financial assistance in the amounts of EUR 36 508,37 and EUR 58 031,38, the security for the guarantee fund in the amount of 6 286,68 and the contractual penalty in the amount of EUR 5 803,14, increased by interest from the date of payment up to the date of reimbursement;

| — | order the REA to pay the costs. |
| --- | --- |

—

order the REA to pay the costs.

Pleas in law and main arguments

Pleas in law and main arguments

The applicant puts forward one plea in law concerning the REA’s interpretation of [Section III.3.1(j)] of Annex III to the Grant Agreement.

| — | The applicant submits that, while the Grant Agreement does not contain any legal definition of the wording contained in the agreement in question, the normal understanding of that wording is at variance with that put forward by the REA. It invokes the rules on literal, functional and teleological interpretation under Belgian law, which, according to the terms of the Grant Agreement, are applicable in full to the latter. |
| --- | --- |

—

The applicant submits that, while the Grant Agreement does not contain any legal definition of the wording contained in the agreement in question, the normal understanding of that wording is at variance with that put forward by the REA. It invokes the rules on literal, functional and teleological interpretation under Belgian law, which, according to the terms of the Grant Agreement, are applicable in full to the latter.

---