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Case T-227/17: Action brought on 19 April 2017 — Falmouth University v Commission
ECLI:EU:UNKNOWN:62017TN0227
62017TN0227
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10.7.2017
EN
Official Journal of the European Union
C 221/29
(Case T-227/17)
(2017/C 221/42)
Language of the case: English
Parties
Applicant: Falmouth University (Falmouth, United Kingdom) (represented by: V. Sloane, Barrister, F. Harmel, lawyer and T. Kotsonis, Solicitor)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—annul the decision of the European Commission finding in relation to ERDF Programming Period 2007-2013, that irregularities had occurred in the operation ‘Enhancing the Creative Knowledge Base of Cornwall’ and that a flat-rate financial correction of 25 % was required;
—order the European Commission to bear its own costs and to pay those incurred by the applicant.
Pleas in law and main arguments
In support of the action, the applicant relies on four pleas in law.
1.First plea in law, alleging that the Commission erroneously found that the selection criteria were in breach of Article 44(2) of Directive 2004/18/EC (1).
2.Second plea in law, alleging that the Commission was not entitled to rely on the three additional alleged irregularities.
3.Third plea in law, alleging that in any event, the Commission erroneously found there were three additional alleged irregularities.
4.Fourth plea in law, alleging that the Commission has acted manifestly irrationally and disproportionately in deciding that the amount of the financial correction is 25 %.
(1) Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (OJ L 134, 2004, p. 114)