Case T-59/12: Action brought on 10 February 2012 — Planet v Commission
Date: 2012-02-10
Institutions: General Court
Subjects: administrative contract, contract terms, contractual liability, damages, payment, professional secret








C_2012118EN.01002601.xml










21.4.2012   


EN


Official Journal of the European Union


C 118/26





Action brought on 10 February 2012 — Planet v Commission
(Case T-59/12)
2012/C 118/45
Language of the case: Greek

Parties


Applicant: Planet A.E. public limited consultancy company (Athens, Greece) (represented by: V. Christianos, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






—


declare that the delayed payment by the Commission of the last instalment of the funds payable to the applicant in respect of the work contract ‘Collaboration Environment for Strategic Innovation (Laboranova)’, amounting to EUR 20 665,17, constitutes a breach of its contractual obligations and order the Commission to pay to the applicant the sum of EUR 20 665,17, in respect of the expenses incurred by the applicant in the fourth reference period of the Laboranova work, with interest from 12 October 2011;










—


declare that the applicant is not obliged to repay to the Commission the advance payment amounting to EUR 39 657,30 for the P4 period of the Laboranova work;










—


order the Commission to pay to the applicant the sum of EUR 30 000,00, as compensation for the damage to the applicant’s professional reputation which was caused by the Commission’s breach of professional confidentiality, with compensatory interest from 6 October 2011 until delivery of the judgment in this case and with late payment interest from the delivery of the judgment in these proceedings until full payment; and










—


order the Commission to pay the applicant’s costs.





Pleas in law and main arguments

By this action, the applicant combines two actions.
First, an action in respect of the Commission’s liability under contract No 035262 for the implementation of the work ‘Collaboration Environment for Strategic Innovation (Laboranova)’, under Article 272 TFEU. In particular, the applicant maintains that, although it fully and properly fulfilled its contractual obligations, the Commission, without any justification and contrary to the terms of the abovementioned contract and the principle of good faith, rejected the applicant’s expenses for the period Ρ4 and suspended payment to the applicant. Consequently, the applicant maintains that the Commission is obliged to pay it the sum of EUR 20 665,17 with, as provided in clause II 28(7) of Annex II to the Contract, interest from 12 October 2011, and that the Commission is not entitled to seek from Planet repayment of the advance payment for the period Ρ4, amounting to EUR 39 657,30.
Second, an action in respect of the Commission’s non-contractual liability, pursuant to the second subparagraph of Article 340 TFEU. In particular, the applicant maintains that the Commission, by communicating to the coordinator of the work the existence of a financial audit in respect of the applicant, blatantly disregarded the rules in relation to protection of professional confidentiality, and consequently damaged the applicant’s professional reputation. Accordingly, the applicant seeks compensation for the non-material harm suffered by it with interest (compensatory interest for the period from the date of the illegal communication until delivery of the judgment in this case and until full payment of the due compensation); expressly without prejudice to compensation for the material damage caused by the abovementioned unlawful conduct of the Commission.