21.7.2012

Official Journal of the European Union

C 217/16

(Case T-246/09)(1)

(Arbitration clause - Financing contracts for research and development projects - MEDIS and Dias.Net contracts - Lack of supporting documents and non-compliance with the contractual requirements in respect of some of the declared expenses - Retention of a sum intended for another co-contractor - Reimbursement of sums advanced - Partial inadmissibility of the action - Counterclaim by the Commission - Partial removal of need to adjudicate in relation to the counterclaim)

2012/C 217/33

Language of the case: French

Parties

Applicant: Conseil scientifique international pour le développement des îles (Insula) (Paris, France) (represented by: J.-D. Simonet and P. Marsal, lawyers)

Defendant: European Commission (represented initially by A.-M. Rouchaud-Joët and F. Mirza, and subsequently by A.-M. Rouchaud-Joët and D. Calciu, Agents, and by L. Defalque and S. Woog, lawyers)

Re:

Application, first, for a declaration that a claim of the Commission of EUR 189 241,64 is unfounded, second, that the Commission be ordered to issue a ‘credit note’ in that amount and, lastly, that the Commission be ordered to pay damages of EUR 212 597, principally, and EUR 230 025, in the alternative.

Operative part of the judgment

The Court:

1.Dismisses the action brought by the Conseil scientifique international pour le développement des îles (Insula);

2.Declares that there is no need to adjudicate on the counterclaims submitted by the Commission in so far as they seek a declaration that Insula be ordered to pay the principal sum due and the interest thereon under the Dias.Net contract;

3.Orders Insula to pay the Commission the principal sum of EUR 157 983,11, increased by default interest at the rate of 2,75 % per annum, from 16 May 2009 until full payment of that principal sum;

4.Orders Insula to bear its own costs and to pay those incurred by the Commission, including those relating to the procedure for interim relief.

(1) OJ C 193, 15.8.2009.