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Case T-238/16: Action brought on 17 May 2016 – Clean Sky 2 Joint Undertaking v Scouring Environnement
ECLI:EU:UNKNOWN:62016TN0238
62016TN0238
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Valentina R., lawyer
18.7.2016
Official Journal of the European Union
C 260/44
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(Case T-238/16)
(2016/C 260/55)
Language of the case: English
Parties
Applicant: Clean Sky 2 Joint Undertaking (CSJU) (represented by: B. Mastantuono, agent, assisted by M. Velardo, lawyer)
Defendant: Scouring Environnement SARL (Tauriac, France)
Form of order sought
The applicant claims that the Court should:
—order the defendant to pay the CSJU the amount of 60 000,00 euros in relation to the Grant Agreement No 287071 ‘BiMed – Bicarbonate media blasting for paint-varnish removal and dry surface treatment’, plus the amount of 3 600,00 euros as late payment interest calculated at a rate of 3,65 % for the period between 12 September 2014 and 3 May 2016; and
—order the defendant to pay the costs of the present proceedings.
Pleas in law and main arguments
In support of the action, the applicant relies on the following plea in law.
The applicant contends that the defendant has breached its contractual obligations, by failing to submit the required reports, financial statements and deliverables of period 1, in accordance with Article 3 of the Grant Agreement, Article II.2(3) and Article II.4 Annex II to the Grant Agreement. Accordingly, the applicant terminated the Grant Agreement on the basis of Article II.38 Annex II to the Grant Agreement and issued debit note for the pre-financing of 60 000,00 euros that had already been paid to the coordinator in compliance with the provisions of the Grant Agreement. Consequently, the Applicant issued debit note for the recovery of the pre-financing, which remains the property of the applicant until final payment.
The facts giving rise to Scouring Environnement SARL’s obligations, as coordinator, are widely undisputed in the present case, as no objection were raised by the defendant in relation to the circumstances of the termination and about the calculation of the amount to be re-paid to the applicant.
Accordingly, the applicant is entitled to ask for the recovery and the reimbursement of the amount paid to the defendant as pre-financing, increased by default interest.
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