23.2.2015

EN

Official Journal of the European Union

C 65/35

(Case T-768/14)

(2015/C 065/49)

Language of the case: Greek

Parties

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

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:

—declare that the sum of EUR 3 77 733,93, which the Commission paid to the applicant in respect of the POCEMON project, constitutes eligible costs and that accordingly the applicant is under no obligation to repay that sum as unduly paid; and

—order the Commission to pay the applicant’s legal costs.

Pleas in law and main arguments

This action concerns the liability of the Commission under the agreement No 216088 for the performance of the project ‘Point Of CarE MONitoring and Diagnostics for Autoimmune Diseases’ (POCEMON), under Article 272 TFEU. In particular, the applicant maintains that, although it performed its contractual obligations, the Commission, contrary to the terms of that agreement, the principle of good faith, the prohibition of abuse of rights and the principle of proportionality, sought the recovery of sums paid to ΑΝΚΟ as not being eligible costs.

For that reason, the applicant maintains, first, that the Commission relies on wholly unfounded and in any event unproven grounds in order to reject almost all the costs incurred by ANKO as being ineligible and to seek the repayment of the sum paid to ΑΝΚΟ in respect of the POCEMON project. The applicant maintains, second, that the Commission, in rejecting 98,68 % of the contribution it is obliged to pay, because that allegedly did not correspond to eligible costs, which the applicant incurred for the requirements of the project, infringes the principles of the prohibition of abuse of rights and of proportionality.