Judgment of the General Court (Seventh Chamber) of 17 October 2012 — Fondation IDIAP v Commission
(Case T-286/10)
Arbitration clause — Sixth Framework Programme for research, technological development and demonstration activities — Contracts relating to the Amida, Bacs and Dirac projects — Eligible costs — Additional cost model — Salary of researchers holding permanent employment contracts — Absence of contractor’s own resources
1.                     Proceedings — Referral to the General Court under an arbitration clause — Contracts concluded under a specific research, technological
development and demonstration programme — Salaries of researchers holding permanent employment contracts — Additional costs
— Certification by an auditor, appointed by the co-contractor, of the eligibility of those costs — Audit arranged by the Commission
holding those costs ineligible — Lawfulness — Claim in respect of those costs, for a declaration of eligibility and a declaration
that no obligation to repay — Claim unfounded (Art. 272 TFEU; European Parliament and Council Regulation No 2321/2002, Arts
12(2), first para., and 14(2); Charter of Fundamental Rights of the European Union, Art. 47) (see paras 61-84, 88-96)
2.                     Proceedings — Application initiating proceedings — Formal requirements — Summary statement of pleas — Abstract statement —
Inadmissibility (Statute of the Court of Justice, Art. 21, first para.; Rules of Procedure of the General Court, Art. 44(1)(c))
(see para. 106)
3.                     Actions for annulment — No jurisdiction of the EU judicature — Claim seeking that directions be issued to an institution —
Inadmissibility (Art. 263 TFEU) (see para. 111)
4.                     Actions for annulment — Action relating in reality to a contractual dispute — No jurisdiction of the EU judicature — Inadmissibility
(Art. 263 TFEU) (see paras 113, 114)
Re:
APPLICATION on the basis of Article 272 TFEU seeking a declaration from the Court that certain expenditure incurred by the
applicant in the performance of Contract No 33812, relating to the Amida project, Contract No 27140, relating to the Bacs
project, and Contract No 27787, relating to the Dirac project, concluded by the European Commission within the framework of
the sixth framework programme for research, technological development and demonstration activities, contributing to the creation
of the European Research Area and to innovation (2002 to 2006), established by Decision 1513/2002/EC of the European Parliament
and of the Council of 27 June 2002 (OJ 2002 L 232, p. 1), is eligible for reimbursement and that, as a consequence, the applicant
is not required to repay EUR 98 042.45 in respect of the contract relating to the Dirac project or EUR 251 505.76 in respect
of the contract relating to the Amida project, and, in the alternative, an application on the basis of Article 263 TFEU seeking,
first, annulment of the Commission’s decision by which it confirmed the conclusions of an audit to the effect that the costs
at issue were ineligible and, second, an order that the Commission arrange for an audit to be undertaken of the projects,
to be carried out by a company other than that which carried out the original audit.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders the Fondation de l’Institut de recherche IDIAP to bear its own costs and to pay the costs incurred by the European
Commission, including the costs of the application for interim measures.