Case T-165/13: Action brought on 20 March 2013 — Talanton v Commission
Date: 2013-03-20
Institutions: General Court
Subjects: audit, principle of proportionality, works contract








C_2013156EN.01004402.xml










1.6.2013   


EN


Official Journal of the European Union


C 156/44





Action brought on 20 March 2013 — Talanton v Commission
(Case T-165/13)
2013/C 156/83
Language of the case: Greek

Parties


Applicant: Talanton AE — Simvouleftiki-Ekpaideftiki Etairia Dianomon, Parochis Ipiresion Marketigk kai Dioikisis Epicheiriseon (Talanton SA Business Consulting and Marketing Services) (Athens, Greece) (represented by M. Angelopoulos and K Damis, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






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Declare that the rejection by the European Commission of the applicant’s costs amounting to Five hundred and seventy eight thousand, nine hundred and thirty seven euros (EUR 578 937), in respect of the contract for the project ‘A sophisticated multi-parametric system for the continuous — effective assessment and monitoring of motor status in Parkinson’s disease and other neurodegenerative diseases (PERFORM)’ on the basis of the audit report 11 ΒΑ135-006 constitutes a breach of its contractual obligations; and that the applicant should repay to the European Commission the sum of Twenty one thousand one hundred and seventy one euros (EUR 21 171 EUR) and not the sum of Four hundred and eighty seven thousand one hundred and one euros (EUR 487 101) and the sum of liquidated damages which will be determined by the European Commission and










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Declare that the rejection by the European Commission of the applicant’s costs amounting to One hundred and fifty three thousand, one hundred and seventeen euros (EUR 153 117 EUR), in respect of the contract for the project ‘Point-of-Care MONitoring and Diagnostics for Autoimmune Diseases (POCEMON)’ on the basis of the audit report 11-ΒΑ135-006 constitutes a breach of its contractual obligations and that the applicant should repay to the European Commission the sum of One hundred and forty three thousand, six hundred and seventy one euros (EUR 143 671) and not the sum of Two hundred and seventy three thousand, five hundred and fifty nine euros and 63 cents (EUR 273 559,63) and the sum of liquidated damages which will be determined by the European Commission.





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 FP7-215952 for the implementation of the project ‘A sophisticated multi-parametric system for the continuous — effective assessment and monitoring of motor status in Parkinson’s disease and other neurodegenerative diseases (PERFORM)’ and under audit report 11-ΒΑ135-006, in accordance with Article 272 TFEU. In particular, the applicant maintains that the European Commission is liable because of breach of its contractual obligations and because of infringement of the principles of legitimate expectations and proportionality.
Second, an action in respect of the Commission’s liability under contract No FP7-216088 for the implementation of the project ‘Point-of-Care MONitoring and Diagnostics for Autoimmune Diseases (POCEMON)’ and under audit report 11-ΒΑ135-006, in accordance with Article 272 TFEU. In particular, the applicant maintains that the European Commission is liable because of breach of its contractual obligations and because of infringement of the principles of legitimate expectations and proportionality.