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Case T-87/16: Judgment of the General Court of 21 September 2017 — Eurofast v Commission (Financial assistance — Seventh Framework Programme for research, technological development and demonstration activities — ASSET Convention — Decision to recover by offsetting certain sums paid following a financial audit — Action for annulment — Legitimate expectations — Arbitration clause — Deadline for providing the audit report — Adversarial principle — Eligibility of costs — Contractual liability)
ECLI:EU:UNKNOWN:62016TA0087
62016TA0087
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Official Journal of the European Union
C 374/31
(Case T-87/16) (<span class="super note-tag">1</span>)
((Financial assistance - Seventh Framework Programme for research, technological development and demonstration activities - ASSET Convention - Decision to recover by offsetting certain sums paid following a financial audit - Action for annulment - Legitimate expectations - Arbitration clause - Deadline for providing the audit report - Adversarial principle - Eligibility of costs - Contractual liability))
(2017/C 374/47)
Language of the case: French
Parties
Applicant: Eurofast SARL (Paris, France) (represented by: S. Pappas, lawyer)
Defendant: European Commission (represented by: J. Estrada de Solà, S. Delaude and S. Lejeune, Agents)
Re:
On the one hand, application based on Article 263 TFEU for annulment of Commission Decision of 17 December 2015 to proceed to recovery by offsetting, in accordance with the findings of a financial audit, certain sums advanced to the applicant under Grant Agreement No 211625 in respect of the ASSET project, concluded in the framework of the Seventh Framework Programme for research, technological development and demonstration activities, and, on the other hand, application based on Article 272 TFEU for a declaration that that debt does not exist, that the expenditure incurred under Grant Agreement No 211625 in respect of the ASSET project is eligible and to order the Commission to confirm that the funding granted is lawful, to order the Commission to pay a sum under Grant Agreement No 607049 in respect of the Eksistenz project and to pay contractual compensation.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Eurofast SARL to pay to the European Commission the sum of EUR 78 380,28, corresponding to the reimbursement of the financial contribution from which it benefitted under Grant Agreement No 211625 in respect of the project ‘Aeronautic Study on Seamless Transport’, plus late-payment interest at a rate of 3,55 % from 13 January 2015, after deduction of the offset amount, namely EUR 69 923,68 as at 17 December 2015.
3.Orders Eurofast to bear its own costs and to pay those incurred by the Commission, including those related to the interlocutory procedure.
(<span class="note">1</span>) OJ C 136, 18.4.2016.