Case T-69/16: Action brought on 16 February 2016 — Ateknea Solutions Catalonia v Commission
Date: 2016-02-16
Institutions: General Court
Subjects: Framework Programme for Research and Development, arbitration clause, contractual liability, damages, equal treatment








C_2016165EN.01001401.xml










10.5.2016   


EN


Official Journal of the European Union


C 165/14





Action brought on 16 February 2016 — Ateknea Solutions Catalonia v Commission
(Case T-69/16)
(2016/C 165/15)
Language of the case: English

Parties


Applicant: Ateknea Solutions Catalonia, SA (Barcelona, Spain) (represented by: M. Troncoso Ferrer, C. Ruixó Claramunt and S. Moya Izquierdo, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


declare that the action is admissible and well founded;










—


declare that the Commission has breached its contractual obligations and order it to pay the applicant a total amount of EUR 1 634 990,62 (corresponding to (i) EUR 943 046,54 due to declaring the costs of CTT as in-house consultants, together with their corresponding indirect costs; (ii) EUR 96 358,10 as unlawfully claimed liquidated damages; and (iii) EUR 595 585,98 as contractual damage) to be increased by interests under Article II.28.7 of the Contract at the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Communities, in force on the first calendar day of the month in which the due date falls, plus three and a half percentage points until full and entire payment;










—


alternatively, order the Commission to pay the applicant a total amount of EUR 1 303 303,98 (corresponding to (i) EUR 753 533,00 due to declaring the costs of CTT as third party resources, together with their corresponding indirect costs, (ii) EUR 73 873,27 as unlawfully claimed liquidated damages and (iii) EUR 475 897,71 as contractual damage) to be increased by interests under Article II.28.7 of the Contract at the rate applied by the European Central Bank to its principal refinancing operations, as published in the C series of the Official Journal of the European Communities, in force on the first calendar day of the month in which the due date falls, plus three and a half percentage points until full and entire payment; and










—


condemn the Commission to pay all the legal costs.





Pleas in law and main arguments

The action brought by the applicant is based in article 272 TFEU in relation to the arbitration clause contained in several contracts signed between the applicant and the European Commission within the 6th Framework Programme for Research and Technological Development (‘FP 6’).
In support of the action, the applicant relies on four pleas in law.






1.


First plea in law, alleging that the Commission committed manifest errors of assessment concerning the facts which result in a violation of the General Conditions applicable to FP 6 contracts and the Financial Guidelines.










2.


Second plea in law, alleging an infringement of the principle of legitimate expectations.










3.


Third plea in law, alleging an infringement of the principal of equal treatment.










4.


Fourth plea in law, alleging a violation of the principles governing the execution of contracts by the Commission, i.e. principle of good faith and principle of good administration.