CELEX: 62012TN0117
Language: en
Date: 2012-03-14 00:00:00
Title: Case T-117/12: Action brought on 14 March 2012 — ANKO v Commission

12.5.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 138/18
            
         Action brought on 14 March 2012 — ANKO v Commission
   (Case T-117/12)
   2012/C 138/35
   Language of the case: Greek
   
      Parties
   
   
      Applicant: ANKO Anonimos Etairia Antiprosopion, Emporiou kai Viomikhanias (Athens, Greece) (represented by: V. Khristianos, lawyer)
   
      Defendant: European Commission
   
      Form of order sought
   
   The applicant claims that the General Court should:
   
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               declare that the suspension of payment which the European Commission has imposed in respect of the sums which it owes the applicant for the PERFORM and OASIS projects constitutes a breach of its contractual obligations;
            
         
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               require the Commission to pay to the applicant the sum of EUR 637 117,17 in respect of the PERFORM project, together with the interest provided for by paragraph 5 of Clause II.5 of Annex II to the principal contract from service of the present action;
            
         
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               require the Commission to acknowledge that the applicant does not have to return the sum of EUR 56 390,00 which it paid to the applicant in respect of the OASIS project;
            
         
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               order the Commission to pay the applicant’s costs.
            
         
      Pleas in law and main arguments
   
   The present action concerns liability of the Commission under (a) contract No 215952 for the carrying out of the project ‘A soPhisticatEd multi-paRametric system FOR the continuous effective assessment and Monitoring of motor status in Parkinson’s disease and other neurodegenerative diseases (PERFORM)’ and (b) contract No 215754 for the carrying out of the project ‘Open architecture for Accessible Services Integration and Standardisation (OASIS)’, pursuant to Article 272 TFEU.
   Specifically, the applicant submits that, although it duly performed its contractual obligations in full, the Commission suspended the payments to the applicant without being entitled to do so and in breach of the foregoing contracts and of the principle of good faith. For that reason, the applicant submits, first, that the Commission must be obliged to pay to it the sum of EUR 637 117,17 in respect of the PERFORM project, together with the interest provided for by paragraph 5 of Clause II.5 of Annex II to the principal contract, and second, that it must be acknowledged that the applicant does not have to return the sum of EUR 56 390,00 which it received in respect of the OASIS project.