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Case T-632/14: Judgment of the General Court of 22 September 2016 — Intercon v Commission (Arbitration clause — Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) — Commission decision to require repayment of the sums paid to the applicant — Contractual nature of the dispute — Article 44(1)(c) and Article 44(5a) of the Rules of Procedure of the General Court of 2 May 1991 — Admissibility — Scope of the audit — Documents and observations made after expiry of the prescribed periods)
ECLI:EU:UNKNOWN:62014TA0632
62014TA0632
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Official Journal of the European Union
C 410/12
(Case T-632/14) (<span class="super note-tag">1</span>)
((Arbitration clause - Seventh Framework Programme for research, technological development and demonstration activities (2007-2013) - Commission decision to require repayment of the sums paid to the applicant - Contractual nature of the dispute - Article 44(1)(c) and Article 44(5a) of the Rules of Procedure of the General Court of 2 May 1991 - Admissibility - Scope of the audit - Documents and observations made after expiry of the prescribed periods))
(2016/C 410/15)
Language of the case: Polish
Parties
Applicant: Intercon Sp. z o.o. (Łódź, Poland) (represented by: B. Eger, lawyer)
Defendant: European Commission (represented by: K. Herbout-Borczak and S. Lejeune, acting as Agents)
Re:
Principally, application based on Article 272 TFEU and seeking a declaration that the Commission infringed the provisions of the grant agreement No 224635 relating to financing the project ARTreat, and annulment of the Commission’s letter of 28 July 2014 informing the applicant, on the basis of an audit carried out by it, of the recovery of a sum of EUR 258 479,21 which had been unduly paid to the applicant as an EU financial contribution and, alternatively, application based on Article 272 TFEU and seeking a declaration that the sums paid corresponded to eligible expenditure and need not, therefore, be repaid.
Operative part of the judgment
The Court:
1)Dismisses the action;
2)Orders Intercon sp. z o.o. to bear, in addition to its own costs, the costs incurred by the European Commission.
(<span class="note">1</span>) OJ C 380, 27.10.2014.