Judgment — ECLI:EU:T:2017:34
Date: 2017-01-26
Language of the case: Greek
Court formation: Fifth Chamber
Subject matter: Research and technological development
Procedure: Arbitration clause - unfounded;Arbitration clause - successful;Arbitration clause - decision unnecessary
Origin: Greece

summary of the pleas in law on which the application is based 7. Judicial proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Brief summary of the pleas in law on which the application is based (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 159) Re: APPLICATION based on Article 272 TFEU and seeking, first, a declaration by the Court that the Commission failed to fulfil its contractual obligations by issuing Debit Note No 3 241 409 008 of 25 July 2014 and that the costs declared by the applicant in the context of Contract FP7-SME-2007-222303, relating to the realisation of Project ‘FIREROB — Autonomous Fire-Fighting Robotic Vehicle’, are eligible and, second, an order for the Commission to issue a credit note for an amount of EUR 64 574.73. Operative part The Court: 1. Dismisses the objection of inadmissibility; 2. Finds that there is no need to adjudicate on the present action in so far as it concerns a request for reimbursement of an amount exceeding EUR 37 247.05, plus interest starting from 9 September 2014; 3. Declares that the European Commission has failed to fulfil its obligations arising from Contract FP7-SME-2007-222303, relating to the realisation of Project ‘FIREROB — Autonomous Fire-Fighting Robotic Vehicle’, by asking Diktyo Amyntikon Viomichanion Net AEVE to repay an amount exceeding EUR 9 007, plus interest starting from 9 September 2014; 2. Finds that there is no need to adjudicate on the present action in so far as it concerns a request for reimbursement of an amount exceeding EUR 37 247.05, plus interest starting from 9 September 2014; 3. Declares that the European Commission has failed to fulfil its obligations arising from Contract FP7-SME-2007-222303, relating to the realisation of Project ‘FIREROB — Autonomous Fire-Fighting Robotic Vehicle’, by asking Diktyo Amyntikon Viomichanion Net AEVE to repay an amount exceeding EUR 9 007, plus interest starting from 9 September 2014; 4. Dismisses the action as to the remainder; 3. Declares that the European Commission has failed to fulfil its obligations arising from Contract FP7-SME-2007-222303, relating to the realisation of Project ‘FIREROB — Autonomous Fire-Fighting Robotic Vehicle’, by asking Diktyo Amyntikon Viomichanion Net AEVE to repay an amount exceeding EUR 9 007, plus interest starting from 9 September 2014; 4. Dismisses the action as to the remainder; 5. Orders the Commission to bear three quarters of its own costs and to pay three quarters of the costs incurred by Diktyo Amyntikon Viomichanion Net, including those relating to the proceedings for interim measures; 4. Dismisses the action as to the remainder; 5. Orders the Commission to bear three quarters of its own costs and to pay three quarters of the costs incurred by Diktyo Amyntikon Viomichanion Net, including those relating to the proceedings for interim measures; 6. Orders Diktyo Amyntikon Viomichanion Net to bear one quarter of its own costs and to pay one quarter of the costs incurred by the Commission, including those relating to the proceedings for interim measures. 5. Orders the Commission to bear three quarters of its own costs and to pay three quarters of the costs incurred by Diktyo Amyntikon Viomichanion Net, including those relating to the proceedings for interim measures; 6. Orders Diktyo Amyntikon Viomichanion Net to bear one quarter of its own costs and to pay one quarter of the costs incurred by the Commission, including those relating to the proceedings for interim measures. 6. Orders Diktyo Amyntikon Viomichanion Net to bear one quarter of its own costs and to pay one quarter of the costs incurred by the Commission, including those relating to the proceedings for interim measures.