24.8.2015

Official Journal of the European Union

C 279/37

(Case T-270/15)

(2015/C 279/46)

Language of the case: Greek

Parties

Applicant: ANKO AE Antiprosopeion, Emporiou kai Viomichanias (Athens, Greece) (represented by: V. Christianos, lawyer)

Defendant: Research Executive Agency (REA)

Form of order sought

The applicant claims that the General Court should:

—declare that the suspension of payment which the Research Executive Agency (REA) applied with respect to the sum which it continues to owe to the applicant as its contribution to the ESS project is in breach of its contractual obligations and, consequently, ΑΝΚΟ should be paid the remaining part of its contribution, the sum of EUR 1 25 253,82, with legal interest, and

—order the REA to pay the applicant’s costs.

Pleas in law and main arguments

With this action the applicant claims that the General Court of the European Union should, under Article 272 TFEU, declare that the suspension of payment which the Research Executive Agency applied with respect to the sum which it continues to owe to the applicant as its contribution to the ESS project in the context of the FP7 programme is in breach of its contractual obligations and, consequently, that that sum should be paid to ΑΝΚΟ, with interest from the date of lodging this action.

In particular, ΑΝΚΟ maintains that it fully and properly performed its contractual obligations. In contrast, the Research Executive Agency (REA) suspended its payments to ΑΝΚΟ, in breach of Section ΙΙ.5 (3)(d) of Annex ΙΙ to the principal agreement for the ESS project. For that reason, the Research Executive Agency (REA) continues to owe to the applicant with respect to the ESS project the sum payment of which was unlawfully suspended, namely EUR 1 25 253,82.

In particular, ΑΝΚΟ maintains that the suspension of payments by the Research Executive Agency (REA) to it with respect to the ESS project is contrary to the ESS project agreement and to EU law for the following reasons:

—First, the Research Executive Agency (REA) unlawfully suspended payments to ΑΝΚΟ, since none of the five conditions set out in Section ΙΙ.5 (3)(d) of Annex ΙΙ to the principal agreement applies.

—Second, the Research Executive Agency (REA) unlawfully laid down a condition, on which the suspension of payments could be terminated, for which no provision was made in the contractual documents and which is contrary to EU law.