18.3.2019

Official Journal of the European Union

C 103/24

(Case T-166/17) (*)

((Arbitration clause - Sensation contract concluded within the context of the sixth framework programme - Eligible costs - Debit note issued by the defendant for the recovery of sums advanced - Reliability of the time records - Conflict of interests))

(2019/C 103/31)

Language of the case: Greek

Parties

Applicant: Ethniko Kentro Erevnas kai Technologikis Anaptyxis (EKETA) (Thessaloniki, Greece) (represented by: V. Christianos and S. Paliou, lawyers)

Defendant: European Commission (represented by: initially, A. Katsimerou, O. Verheecke and J. Estrada de Solà, and subsequently A. Katsimerou, A. Kyratsou and O. Verheecke, acting as Agents)

Re:

Action under Article 272 TFEU seeking a declaration, first, that the request made to the applicant by the Commission in debit note no 3241615291 of 29 November 2016 to reimburse to it the sum of EUR 197 799,52 of the payment received for a study on a research project called Sensation is, in the amount of EUR 179 101,35, unfounded, and, second, that the sum in dispute corresponds to eligible costs which the applicant is not required to reimburse.

Operative part of the judgment

The Court:

1.Orders the European Commission to pay to Ethniko Kentro Erevnas kai Technologikis Anaptyxis (EKETA), first, the sum of EUR 19 522,57 corresponding to eligible staff costs, plus related indirect costs and delayed interest on that sum at the rate of 3,50 % from 12 May 2017 until full payment of that sum, second, delayed interest on the sum of EUR 2 950 at the rate of 3,50 % calculated from 12 May 2017 until 28 November 2017 and, third, delayed interest on the sum of EUR 8 988,21 at the rate of 3,50 % calculated from 12 May 2017 until the payment of that sum on 2 October 2017;

2.Dismisses the action as to the remainder;

3.Orders EKETA to bear its own costs and to pay nine tenths of the Commission’s costs, with the latter bearing one tenth of its costs.

(*) Language of the case: Greek.

* * *