Case T-10/16: Judgment of the General Court of 25 September 2018 — GABO:mi v Commission (Arbitration clause — Sixth and seventh framework programmes for research, technological development and demonstration activities (2002-2006 and 2007-2013) — Letters requesting reimbursement of part of the grants awarded — Debit note — Setting off of claims — Amendment of application — Admissibility — Eligibility of expenses — Funds held in trust — Duty to record costs in contractor’s accounts — Compliance with accounting rules in the State in which the contractor is established — Legal certainty — Legitimate expectations — Good governance — Transparency — Right to be heard — Proportionality)
Date: 2018-09-25
Institutions: General Court
Subjects: EU aid, Framework Programme for Research and Development, administrative transparency, arbitration clause, claim, debt, principle of legal certainty, principle of proportionality, reimbursement of aid, rights of the defence








C_2018408EN.01004601.xml










12.11.2018   


EN


Official Journal of the European Union


C 408/46






Judgment of the General Court of 25 September 2018 — GABO:mi v Commission
(Case T-10/16) (1)

((Arbitration clause - Sixth and seventh framework programmes for research, technological development and demonstration activities (2002-2006 and 2007-2013) - Letters requesting reimbursement of part of the grants awarded - Debit note - Setting off of claims - Amendment of application - Admissibility - Eligibility of expenses - Funds held in trust - Duty to record costs in contractor’s accounts - Compliance with accounting rules in the State in which the contractor is established - Legal certainty - Legitimate expectations - Good governance - Transparency - Right to be heard - Proportionality))
(2018/C 408/58)
Language of the case: English

Parties


Applicant: GABO:mi Gesellschaft für Ablauforganisation:milliarium mbH & Co. KG (Munich, Germany) (represented by: M. Ahlhaus and C. Mayer, lawyers)

Defendant: European Commission (represented initially by: S. Delaude, S. Lejeune and M. Siekierzyńska, subsequently by S. Delaude and M. Siekierzyńska, acting as Agents)

Re:

Application, first, under Article 272 TFEU for a declaration that a claim mentioned in two information letters dated 2 December 2015 and in a debit note dated 2 December 2015 relating to a claim of EUR 1 770 417,29 does not exist and, second, under Article 263 TFEU for annulment of set-off decisions contained in seven letters dated 16 and 21 December 2015, 14 January, 26 April and 3 May 2016 seeking to offset each payment concerned against the applicant’s alleged debt and of that debit note and those information letters.

Operative part of the judgment

The Court:






1.


Declares unfounded the claim of the European Commission against GABO:mi Gesellschaft für Ablauforganisation:milliarium mbH & Co. KG mentioned in debit note No 3241514917 dated 2 December 2015 and in the two information letters dated 2 December 2015 so far as concerns the declared expenses relating to the ‘central travel/meeting budget’ and the liquidated damages relating to it;










2.


Dismisses the action as to the remainder;










3.


Orders each party to bear its own costs.






(1)  OJ C 111, 29.3.2016.