Source: EURLEX
Language: en
Format: md

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| 29.3.2016 | EN | Official Journal of the European Union | C 111/19 |

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Judgment of the General Court of 19 February 2016 — Ludwig-Bölkow-Systemtechnik v Commission

(Case T-53/14)[(1)](#ntr1-C_2016111EN.01001901-E0001)

((Arbitration clause - Sixth framework programme for research, technological development and demonstration activities - Reimbursement of a portion of the amounts paid and flat-rate compensation - No need to adjudicate in part - Costs eligible for EU funding - Penalty clause - Manifestly excessive character))

(2016/C 111/22)

Language of the case: German

Parties

Applicant: Ludwig-Bölkow-Systemtechnik GmbH (Ottobrunn, Germany) (represented by: initially, M. Núñez Müller and T. Becker, and, subsequently, M. Núñez Müller, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and F. Moro, acting as Agents)

Re:

Application for a declaration, first, that the Commission is not entitled to require the applicant to reimburse advances paid under three contracts and, secondly, that the applicant is not required to pay flat-rate compensation to the Commission.

Operative part of the judgment

The Court:

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| 1. | Declares that there is no longer any need to adjudicate on the second and third heads of claim of the action; |

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| 2. | Declares that the sums payable as flat-rate compensation by Ludwig-Bölkow-Systemtechnik GmbH are to be reduced by an amount equivalent to 10 % of the advances to be reimbursed under the contracts concerning the projects HyWays, HyApproval and HarmonHy; |

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| 3. | Dismisses the action as to the remainder; |

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| 4. | Orders Ludwig-Bölkow-Systemtechnik and the European Commission to bear their own respective costs. |

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