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

5. Proceedings — Referral to the General Court under an arbitration clause — Action challenging the basis of the debt of an institution to its co-contractors — Counterclaim claiming recovery of that debt — Adoption, during the proceedings, of a decision by that institution to recover the same debt — Interest of the applicant and the defendant in maintaining their claims (Art. 238 EC) (see paras 113-116, 294-302)

7. Proceedings — Introduction of new pleas during the proceedings — Conditions — Amplification of an existing plea and close link with the latter (Rules of Procedure of the General Court, Arts 44(1)(c), and 48(2)) (see para. 199)

8. Proceedings — Application initiating proceedings — Formal requirements — Identification of the subject-matter of the dispute — Brief summary of the pleas in law on which the application is based — Action for compensation for damage caused by a Community institution — Application seeking compensation in the abstract with no explanation in that regard — Inadmissible (Rules of Procedure of the General Court, Art. 44(1)(c)) (see paras 221, 262, 270)

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

The Court: