CELEX: 62010TJ0220
Language: en
Date: 2012-10-17
Title: Judgment of the General Court (Fifth Chamber) of 17 October 2012. # European Commission v EU Research Projects Ltd. # Arbitration clause - Contract concluded in the framework of the specific programme for research, technological development and demonstration on a ‘User-friendly information society’ - Withdrawal from the project - Reimbursement of part of the amount advanced by the Commission - Default interest - Procedure by default. # Case T-220/10.

Judgment of the General Court (Fifth Chamber) of 17 October 2012 — Commission v EU Research Projects
      (Case T-220/10)
      Arbitration clause — Contract concluded in the framework of the specific programme for research, technological development and demonstration on
         a ‘User-friendly information society’ — Withdrawal from the project — Reimbursement of part of the amount advanced by the Commission — Default interest — Procedure by default
      
      1.                     EU budget — Community financial assistance — Obligation of the beneficiary to comply with the conditions for grant of the
            aid — Financing covering only expenses actually incurred — No proof of the reality of the expenses declared — Ineligible expenses
            (Art. 317 TFEU) (see paras 28, 29)
      2.                     Proceedings — Referral to the General Court under an arbitration clause — Contract providing for Community financial assistance
            for a research and development project — Claim for repayment of certain costs — Reduction of the eligible costs — Commission’s
            right to repayment of the advance, plus default interest at the rate applied by the European Central Bank (Art. 272 TFEU)
            (see paras 30-47)
      Re:
      
         
               ACTION under Article 272 TFEU seeking an order that the defendant reimburse part of the amount advanced by the Commission,
                  together with default interest, under contract IST-2001-34850.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Orders EU Research Projects Ltd to repay to the European Commission the sum of EUR 102 039.32, plus accrued default interest
                     calculated at the rate of 4.80% per annum from 29 December 2006 until the date of full payment of the amount due;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders EU Research Projects Ltd to pay the costs.