10.6.2014

EN

Official Journal of the European Union

C 175/47

(Case T-165/14)

2014/C 175/65

Language of the case: Greek

Parties

Applicant: ANKO AE Antiprosopeion, Emporiou kai Viomichanias (Athens, Greece) (represented by: V. Christianos, lawyer)

Defendant: European Commission and Research Executive Agency (REA)

Form of order sought

The applicant claims that the General Court should:

—Declare that the suspension of payment which was imposed and is maintained by the REA acting under powers delegated to it by the Commission in respect of the amount which the Commission remains liable to pay to the applicant as its portion in respect of the ESS project is a breach of the latter’s contractual obligations;

—Declare that the amount of EUR 125 253,82 which the Commission continues not to have paid as its portion in respect of the ESS project constitutes eligible costs and, consequently, the Commission is under an obligation to pay it to ΑΝΚΟ;

—Declare that the entire amount of EUR 216 172,68 which the Commission has already paid to the applicant as its portion in respect of the ESS project constitutes eligible costs,·and

—Order the REA and the Commission to pay the applicant’s legal costs.

Pleas in law and main arguments

This action concerns the liability of the REA and the Commission under the contract No 217 951 for the performance of the ESS project, under Article 272 TFEU.

In particular, the applicant maintains that the REA, acting under powers delegated to it by the Commission, without any justification and in the breach of the ESS project agreement, suspended payment to ΑΝΚΟ. Further, the applicant maintains that the Commission, by seeking to apply the ‘extrapolation’ method, disputed, without any legal basis and in breach of both the agreement and of applicable law, the eligibility of almost the whole of the costs declared by ΑΝΚΟ in respect of the ESS project.