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Case T-216/12: Judgment of the General Court of 6 October 2015 — Technion and Technion Research v Commission (Funding — Sixth framework programme for research, technological development and demonstration activities — Recovery of sums paid by the Commission in connection with a research contract in line with the conclusions of a financial audit — Set-off of claims — Reclassification in part of the action — Application for a declaration that a contractual claim does not exist — Arbitration clause — Eligible costs — Unjust enrichment — Obligation to state reasons)
ECLI:EU:UNKNOWN:62012TA0216
62012TA0216
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Valentina R., lawyer
30.11.2015
Official Journal of the European Union
C 398/27
(Case T-216/12) (1)
((Funding - Sixth framework programme for research, technological development and demonstration activities - Recovery of sums paid by the Commission in connection with a research contract in line with the conclusions of a financial audit - Set-off of claims - Reclassification in part of the action - Application for a declaration that a contractual claim does not exist - Arbitration clause - Eligible costs - Unjust enrichment - Obligation to state reasons))
(2015/C 398/37)
Language of the case: French
Parties
Applicants: Technion — Israel Institute of Technology (Haifa, Israel) and Technion Research & Development Foundation Ltd (Haifa) (represented by: D. Grisay, lawyer)
Defendant: European Commission (represented by: D. Calciu and F. Moro, acting as Agents, assisted initially by L. Defalque and S. Woog, and subsequently by L. Defalque and J. Thiry, lawyers)
Re:
First, application for annulment, on the basis of Article 263 TFEU, of the Commission’s set-off decision contained in the letter of 13 March 2012, addressed to Technion — Israel Institute of Technology, and seeking recovery of the sum of EUR 97 118,69, corresponding to the amount of the adjusted sums, plus interest, for contract No 034984 (Mosaica), following the conclusions of the financial audit concerning, inter alia, that contract concluded under the sixth framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European research area and to innovation (2002-2006), and, secondly, application for a declaration, on the basis of Article 272 TFEU, that the claim which the Commission claims to have against Technion under the Mosaica contract and which is the subject matter of the disputed set-off does not exist.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Technion — Israel Institute of Technology and Technion Research & Development Foundation Ltd to pay the costs.
(1) OJ C 243, 11.8.2012.