CELEX: 62014CN0575
Language: en
Date: 2014-12-11 00:00:00
Title: Case C-575/14 P: Appeal brought on 11 December 2014 by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE against the judgment of the General Court (Sixth Chamber) delivered on 2 October 2014 in Case T-340/07 RENV: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission

23.2.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 65/25
            
         Appeal brought on 11 December 2014 by Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE against the judgment of the General Court (Sixth Chamber) delivered on 2 October 2014 in Case T-340/07 RENV: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE v European Commission
   (Case C-575/14 P)
   (2015/C 065/35)
   Language of the case: English
   
      Parties
   
   
      Appellant: Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (represented by: M. Sfyri, I. Ampazis, Lawyers)
   
      Other party to the proceedings: European Commission
   
      Form of order sought
   
   The appellant claims that the Court should:
   
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               set aside the judgment of the General Court under appeal.
            
         
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               order the Commission to make good damage suffered by the Appellant as a result of the Commission’s failure to comply with contractual obligations in the context of the performance of the EDC-53007 EEBO/27873 contract relating to the project entitled ‘e-Content Exposure and Business Opportunities’. More particularly, order the Commission to pay the amount of 1 72  588,62 EUR, representing all the costs incurred by the Appellant concerning all the work which was engaged by the Appellant before the termination of the contract of 16 May 2003 and delivered by the Appellant in compliance to its contractual obligations. Subsidiarily, in case the Court of Justice considers that the Appellant had to cease any work as of 16 May 2003, order the Commission to pay at least the amount of 1 27  076,48 EUR, representing all the costs incurred or engaged to by the Appellant lawfully and in strict compliance to the terms of its contract, until such date.
            
         
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               order the Commission to pay the Appellant’s legal and other costs and expenses incurred in connection with the initial procedure and the current Appeal, even if the current Appeal is rejected as well as those of the current Appeal, in case it is accepted.
            
         
      Pleas in law and main arguments
   
   The Appellant founds its Appeal on the fact that the General Court distorted the clear sense of the evidence before it, by interpreting incorrectly Annex II ‘General Conditions’ of the EDC-53007 EEBO/27873 contract, by undermining the probative value of the submitted cost statement and, consequently, by assessing incorrectly that the documents produced by the Appellant were not appropriate and sufficient to prove that the costs stated in them actually incurred for the implementation of the project.