8.12.2014

Official Journal of the European Union

C 439/26

(Case T-29/11)(1)

((Arbitration clause - Programme of Community action in the field of public health - Contract for the funding of a project - Action for annulment - Debit note - Contractual nature of the dispute - Act not amenable to review - Inadmissibility - Reclassification of the action - Eligible costs))

(2014/C 439/35)

Language of the case: German

Parties

Applicant: Technische Universität Dresden (Dresden, Germany) (represented by: G. Brüggen, lawyer)

Defendant: European Commission (represented by: W. Bogensberger and D. Calciu, and subsequently by W. Bogensberger and F. Moro, acting as Agents, assisted by R. Van der Hout and A. Köhler, lawyers)

Re:

Application for annulment of debit note No 3241011712, issued by the Commission on 4 November 2010, for the reimbursement of the sum of EUR 55 377 ,62 paid to the applicant in the context of financial assistance in support of a project conducted under the programme of Community action in the field of public health (2003-2008).

Operative part of the judgment

The Court:

1.Declares that Ms H’s staffing costs, amounting to EUR 56,76, her travel expenses, amounting to EUR 1 354,08, and the service costs amounting to EUR 351,82 incurred by Technische Universität Dresden in performing Contract No 203114 (SI2.377438) concerning the funding of the project ‘Collection of European Data on Lifestyle Health Determinants — Coordinating Party (LiS)’ conducted under the programme of Community action in the field of public health (2003-2008) are eligible and, consequently, dismisses the European Commission’s claim regarding those amounts, set out in Debit Note No 3241011712 of 4 November 2010, as unfounded;

2.Dismisses the action as to the remainder;

3.Orders Technische Universität Dresden to pay the costs.

*

(1) OJ C 80, 12.3.2011