Case T-270/15: Judgment of the General Court of 29 November 2016 — ANKO v REA (Arbitration clause — Subsidy agreement entered into in the context of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — ESS project — Conformity with the contractual provisions of the suspension of payments to the applicant and of the conditions for lifting that suspension of payments — Default interest)
Date: 2016-11-29
Institutions: General Court
Subjects: EU aid, Framework Programme for Research and Development, arbitration clause, interest, payment, suspension of payments








C_2017022EN.01002402.xml










23.1.2017   


EN


Official Journal of the European Union


C 22/24





Judgment of the General Court of 29 November 2016 — ANKO v REA

(Case T-270/15) (1)

((Arbitration clause - Subsidy agreement entered into in the context of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - ESS project - Conformity with the contractual provisions of the suspension of payments to the applicant and of the conditions for lifting that suspension of payments - Default interest))
(2017/C 022/31)
Language of the case: Greek

Parties


Applicant: ANKO AE Antiprosopeion, Emporiou kai Viomichanias (Athens, Greece) (represented by: V. Christianos, lawyer)

Defendant: Research Executive Agency (represented by S. Payan-Lagrou and V. Canetti, acting as agents, assisted initially by O. Lytra and subsequently by A. Saratsi, lawyers)

Re:

Application based on Article 272 TFEU seeking a declaration that the suspension, imposed by REA, of the payment of the balance of the financial contribution owed to the applicant in respect of the implementation of Subsidy Agreement No 217951, for the financing of the ‘Emergency Support System’ project, entered into in the context of the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013), amounts to an infringement of its contractual obligations and that that sum must be paid to the applicant, together with default interest, to be calculated from the date of service of the action.

Operative part of the judgment

The General Court:






1.


Declares that the Research Executive Agency (REA) suspended its payments to ΑΝΚΟ AE Antiprosopeion, Emporiou kai Viomichanias in breach of Section ΙΙ.5 (3)(d) of the general conditions annexed to Subvention Agreement No 217951 for the financing of the ‘Emergency Support System’ project, entered into in the context of the Seventh Framework Programme for research, technological development and demonstration activities (2007-2013);










2.


Orders REA to pay to ΑΝΚΟ AE Antiprosopeion, Emporiou kai Viomichanias a sum corresponding to the intermediate payments which should not have been suspended concerning the latter’s participation in the ‘Emergency Support System’ project, within the limits of the balance of the financial aid available at the time of their suspension, together with default interest, starting from, for each reporting period, the expiry of the period for payment of 105 days following receipt of the corresponding reports, at the rate in force on the first day of the month of the payment default, as published in the Official Journal of the European Union, C series, increased by three and a half percentage points;










3.


Orders REA to pay the costs.






(1)  OJ C 279, 24.8.2015.