Case T-154/14: Judgment of the General Court of 27 April 2016 — ANKO v Commission (Arbitration clause — Subsidy contracts concluded in the context of the Seventh framework programme for research, technological development and demonstration activities (2007-2013) — Perform and Oasis projects — Eligible costs — Reimbursement of sums paid — Counter-claim — Default interest)
Date: 2016-04-27
Institutions: General Court
Subjects: Framework Programme for Research and Development, arbitration clause, contractual liability, financial aid, interest, reimbursement of aid








C_2016211EN.01004401.xml










13.6.2016   


EN


Official Journal of the European Union


C 211/44






Judgment of the General Court of 27 April 2016 — ANKO v Commission
(Case T-154/14) (1)

((Arbitration clause - Subsidy contracts concluded in the context of the Seventh framework programme for research, technological development and demonstration activities (2007-2013) - Perform and Oasis projects - Eligible costs - Reimbursement of sums paid - Counter-claim - Default interest))
(2016/C 211/54)
Language of the case: Greek

Parties


Applicant: ANKO AE Antiprosopeion, Emporiou kai Viomichanias (Athens, Greece) (represented by: V. Christianos, S. Paliou and A. Skoulikis, lawyers)

Defendant: European Commission (represented by: R. Lyal and P. Arenas, acting as Agents, and by O. Lytra, lawyer)

Re:

Applications, under Article 272 TFEU, seeking, on the one hand, first, a declaration that the Commission’s demand for reimbursement of the subsidies paid to the applicant in implementation of contracts No. 215754 ‘Open architecture for accessible services, integration and standardisation’ and No. 215952 ‘A complex multi-parameter system for the effective and ongoing evaluation and monitoring of motor capacity in sufferers of Parkinson’s disease and other neurodegenerative illnesses’ concluded in the context of the Seventh framework programme for research, technological development and demonstration activities (2007-2013) is unfounded, and, second, to order the Commission to pay the balance of the unpaid subsidies under those contracts and, on the other, to order the applicant, by way of counterclaim, to reimburse the subsidies unduly paid under those contracts.

Operative part of the judgment

The Court:






1)


Dismisses the action brought by ANKO AE Antiprosopeion, Emporiou kai Viomichanias;










2)


Orders ANKO AE Antiprosopeion, Emporiou kai Viomichanias to pay the European Commission the sum of EUR 650 625,37, corresponding to the reimbursement of the financial contributions which it received under contracts No. 215754 ‘Open architecture for accessible services, integration and standardisation’ and No. 215952 ‘A complex multi-parameter system for the effective and ongoing evaluation and monitoring of motor capacity in sufferers of Parkinson’s disease and other neurodegenerative illnesses’ concluded in the context of the Seventh framework programme for research, technological development and demonstration activities (2007-2013), plus default interest as from 3 May 2014 at the rate of 3,75 %;










3)


Orders ANKO AE Antiprosopeion, Emporiou kai Viomichanias to pay the costs.






(1)  OJ C 175, 10.6.2014.