CELEX: 62014TA0053
Language: en
Date: 2016-02-19 00:00:00
Title: Case T-53/14: Judgment of the General Court of 19 February 2016 — Ludwig-Bölkow-Systemtechnik v Commission (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)

29.3.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 111/19
            
         Judgment of the General Court of 19 February 2016 — Ludwig-Bölkow-Systemtechnik v Commission
   (Case T-53/14) (1)
   
   ((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:
   
               1.
            
            
               Declares that there is no longer any need to adjudicate on the second and third heads of claim of the action;
            
         
               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;
            
         
               3.
            
            
               Dismisses the action as to the remainder;
            
         
               4.
            
            
               Orders Ludwig-Bölkow-Systemtechnik and the European Commission to bear their own respective costs.
            
         
      (1)  OJ C 129, 28.4.2014.