10.6.2014

EN

Official Journal of the European Union

C 175/46

(Case T-155/14)

2014/C 175/64

Language of the case: Greek

Parties

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

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:

—Declare that the entire amount of EUR 325 823,16 which the Commission seeks to recover as constituting ineligible costs and which it has already paid to the applicant in respect of the PERSONA project and the entire amount of EUR 280 747,45 which the Commission seeks to recover as constituting ineligible costs and which it has already paid in respect of the TERREGOV project constitute eligible costs;

—Declare that the amount of EUR 6 752,74 constitutes eligible costs incurred by ΑΝΚΟ in the context of the PERSONA project and, consequently that the Commission is under an obligation to make payment to ΑΝΚΟ;·

—Order the Commission to pay the applicant’s legal costs.

Pleas in law and main arguments

This action concerns the liability of the Commission under the contracts (a) 045 459 and (b) 507 749 for the performance of the (a) PERSONA and (b) TERREGOV projects respectively, under Article 272 TFEU.

In particular, the applicant maintains that, although it complied with its contractual obligations, the Commission, in breach of the abovementioned contracts, the principle of good faith, the prohibition of abuse of rights and the principle of proportionality, sought the recovery of sums paid to ΑΝΚΟ as not being eligible costs. For that reason, the applicant maintains, first, that the rejection of the eligibility of almost all the sums which the Commission paid in respect of the PERSONA and TERREGOV projects and the attempt to recover those sums as improperly paid is contrary to the Commission’s contractual obligations to ΑΝΚΟ. Second, the applicant maintains that the attempt to recover the whole of those amounts is disproportionate and abusive.