Case T-587/15: Action brought on 12 October 2015 — Rose Vision v Commission
Date: 2015-10-12
Institutions: General Court
Subjects: EU programme, audit, damages, information technology, interest, payment, telecommunications








C_2015398EN.01007301.xml










30.11.2015   


EN


Official Journal of the European Union


C 398/73





Action brought on 12 October 2015 — Rose Vision v Commission
(Case T-587/15)
(2015/C 398/86)
Language of the case: Spanish

Parties


Applicant: Rose Vision, S.L. (Pozuelo de Alarcón, Spain) (represented by: J. Marín López, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:






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first, pursuant to Article 263 TFEU, annul Commission Decision C(2015) 5449 final of 28 July 2015 relating to the recovery of a total amount of EUR 5 35  613,20, plus interest, owed by Rose Vision;










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second, pursuant to Article 272 TFEU, declare that the Commission has failed to comply with paragraph 1(a) of Article II.14 and paragraph 5 of Article II.22 of the General Conditions of the Seventh Framework Programme (‘General Conditions FP7’), in relation to the final audit report 11-INFS-025 and audit 11-BA119-016 concerning Rose Vision and its participation in the project ‘Support action to the Integral Satcon Initiative (sISI)’, the project ‘Implementing cooperation on Future Internet and ICT Components between Europe and Latin America (FIRST)’, the project ‘Supporting the future of the NEM European Technology Platform (FutureNEM)’, the project ‘Support Action for the NEM European Technology Platform (4NEM)’ and the project ‘Structural Funds for Regional Research Advancement (SFERA)’;










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third, pursuant to Article 272 TFEU, declare that the final audit report 11-INFS-025 and the audit report 11-A119-016, which are in breach of paragraph 1(a) of Article II.14 and paragraph 5 of Article II.22 of General Conditions FP7, are, in contractual terms, null and void and have no validity or legal effect;










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fourth, pursuant to Article 272 TFEU, in conjunction with the first paragraph of Article 340 TFEU, declare that Rose Vision does not owe the Commission the amount of EUR 5 35  613,20, plus interest, as referred to in Commission Decision C(2015) 5449 final of 28 July 2015;










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fifth, pursuant to Article 272 TFEU, in conjunction with the first paragraph of Article 340 TFEU, order the Commission to pay Rose Vision the outstanding sums in respect of Rose Vision’s participation in the FP7 projects, which currently amount to EUR 1 95  571,13, for Commission projects sISI, FIRST, FutureNEM, 4NEM and SFERA, and to EUR 2 17  729,37, plus those amounts that will accrue in the future, for the European Research Agency projects E-Sponder and MaPEer SME. Both amounts, which are provisional and need to be calculated more accurately at a later stage in this procedure, should, in any event, be increased by the interest provided for in paragraph 5 of Article II.5 of General Conditions FP7;










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sixth, pursuant to Article 272 TFEU, in conjunction with the first and second paragraphs of Article 340 TFEU, order the Commission to pay Rose Vision contractual damages arising from breach of paragraph 1(a) of Article II.14, paragraph 5 of Article II.22 and paragraph 3(d) of Article II.5 of General Conditions FP7 and non-contractual damages resulting from Rose Vision’s registration in level W2 of the Early Warning System (EWS), in the amount indicated in paragraph 114 of the application or such other amount as the Court should deem equitable.





Pleas in law and main arguments

In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging that the final audit report 11-INFS-025 of 9 October 2012 and the final audit report 11-BA119-016 of 22 April 2013 are in breach of paragraph 1(a) of Article II.4 of General Conditions FP7 in finding that the costs incurred by Rose Vision are not eligible since they are not actual costs.










2.


Second plea in law, alleging that the final audit report 11-INFS-025 of 9 October 2012 and the final audit report 11-BA119-016 of 22 April 2013 are in breach of paragraph 5 of Article II.22 of General Conditions FP7.










3.


Third plea in law, alleging that the Commission’s suspension of payments to Rose Vision in all the projects of the Seventh Framework Programme in which Rose Vision was taking part, as well as the suspension of payments adopted by the Agency as a result of the Commission’s decision to suspend payments, constitute a breach of paragraph 3 of Article II.5 of General Conditions FP7.










4.


Fourth plea in law, alleging that the activation of EWS at level W2 with respect to Rose Vision lacks any legal basis, in accordance with the test approved by the judgment of the General Court of 22 April 2012 in Case T-320/09 Planet v Commission.