29.3.2016

Official Journal of the European Union

C 111/19

(Case T-53/14)(1)

((Arbitration clause - Sixth framework programme for research, technological development and demonstration activities - Reimbursement of a portion of the amounts paid and flat-rate compensation - No need to adjudicate in part - Costs eligible for EU funding - Penalty clause - Manifestly excessive character))

(2016/C 111/22)

Language of the case: German

Parties

Applicant: Ludwig-Bölkow-Systemtechnik GmbH (Ottobrunn, Germany) (represented by: initially, M. Núñez Müller and T. Becker, and, subsequently, M. Núñez Müller, lawyers)

Defendant: European Commission (represented by: T. Maxian Rusche and F. Moro, acting as Agents)

Re:

Application for a declaration, first, that the Commission is not entitled to require the applicant to reimburse advances paid under three contracts and, secondly, that the applicant is not required to pay flat-rate compensation to the Commission.

Operative part of the judgment

The Court:

1.Declares that there is no longer any need to adjudicate on the second and third heads of claim of the action;

2.Declares that the sums payable as flat-rate compensation by Ludwig-Bölkow-Systemtechnik GmbH are to be reduced by an amount equivalent to 10 % of the advances to be reimbursed under the contracts concerning the projects HyWays, HyApproval and HarmonHy;

3.Dismisses the action as to the remainder;

4.Orders Ludwig-Bölkow-Systemtechnik and the European Commission to bear their own respective costs.

(1)

OJ C 129, 28.4.2014.