25.11.2019

Official Journal of the European Union

C 399/45

(Case T-786/17) (<span class="super note-tag">1</span>)

(Arbitration clause - Grant agreement entered into in the context of the eTEN framework programme, relating to trans-European telecommunications networks - ‘SafeChemo’ project - Investigation report from OLAF finding certain expenses incurred to be ineligible - Repayment in part of the sums paid - Counterclaim)

(2019/C 399/53)

Language of the case: German

Parties

Applicant: BTC Srl (Bolzano, Italy) (represented by: L. von Lutterotti and A. Frei, lawyers)

Defendant: European Commission (represented by: A. Katsimerou and B.-R. Killmann, acting as Agents)

Re:

First, application under Article 263 TFEU seeking the annulment (i) of Commission Decision Ares(2017) 4709558 of 27 September 2017 demanding repayment of an amount paid to the applicant pursuant to Agreement C046311 for the financing of the ‘ePrescription and Automation for a Safe Management of Cytostatistics’ project, entered into in the context of the eTEN programme, relating to trans-European telecommunications networks, (ii) of the Commission’s letter Ares(2017) 4790311 of 2 October 2017 communicating Debit Note No 3241712708, and (iii) of Debit Note No 3241712708, and, second, application under Article 272 TFEU seeking a declaration that the Commission’s demand for repayment is unfounded and a counterclaim seeking an order against the applicant for repayment of an amount wrongfully paid under that agreement.

Operative part of the judgment

The Court:

1.Dismisses the action brought by BTC Srl;

2.Orders BTC to pay the Commission the principal sum of EUR 380 989.49, plus default interest at the rate of 3.5% from 17 November 2017 until payment in full of that amount;

3.Orders BTC to bear its own costs and to pay the costs incurred by the Commission.

(<span class="note">1</span>) OJ C 42, 5.2.2018.