Case C-346/18 P: Judgment of the Court (Sixth Chamber) of 7 November 2019 — Rose Vision SL v European Commission (Appeal — Projects financed by the European Union in the area of research — Seventh Framework programme for research and technological development (2007-2013) — Grant agreements relating to the FIRST, FutureNEM, sISI, 4NEM and SFERA projects — Audits finding irregularities in the implementation of certain projects — European Commission decisions suspending payment of the amounts payable under other projects — Action for compensation and annulment)
Date: 2019-11-07
Institutions: Court of Justice
Subjects: EU financing, Framework Programme for Research and Development, audit, confidentiality, damage, financial control, research and development, suspension of payments, technological change








C_2020010EN.01001102.xml










13.1.2020   


EN


Official Journal of the European Union


C 10/11






Judgment of the Court (Sixth Chamber) of 7 November 2019 — Rose Vision SL v European Commission
(Case C-346/18 P) (1)

(Appeal - Projects financed by the European Union in the area of research - Seventh Framework programme for research and technological development (2007-2013) - Grant agreements relating to the FIRST, FutureNEM, sISI, 4NEM and SFERA projects - Audits finding irregularities in the implementation of certain projects - European Commission decisions suspending payment of the amounts payable under other projects - Action for compensation and annulment)
(2020/C 10/13)
Language of the case: Spanish

Parties


Appellant: Rose Vision, SL (represented by J.J. Marín López, abogado)

Other party to the proceedings: European Commission (represented initially by R. Lyal, J. Estrada de Solá, P. Rosa Plaza and M. Siekierzyńska, and subsequently by R. Lyal, J. Estrada de Solá and M. Siekierzyńska, acting as Agents, and J. Rivas, abogado)

Operative part of the judgment

The Court:






1.


Annuls the judgment of the General Court of the European Union of 8 March 2018, Rose Vision v Commission (T-45/13 RENV and T-587/15, not published, EU:T:2018:124) in so far as, by that judgment, the General Court ruled, in paragraph 160 thereof, that, on the basis of Article 340, first paragraph, TFEU, the appellant had not suffered damage … as a result of the breach of paragraph II.22(1) of the general terms and conditions that form an integral part of the agreements concluded between Rose Vision SL and the European Commission, under the Seventh Framework programme, adopted by Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013);










2.


Dismisses the appeal as to the remainder;










3.


Finds that the European Commission breached the grant agreement relating to the FutureNEM project in so far as concerns the confidentiality of Audit 11-INFS-025;










4.


Orders Rose Vision SL to bear its own costs and pay half of those incurred by the European Commission in relation to the proceedings at first instance and on appeal.






(1)  OJ C 268, 30.7.2018.