EN

Official Journal of the European Union

C 138/19

(Case T-118/12)

(2012/C 138/36)

Language of the case: Greek

Parties

Applicant: ANKO Anonimos Etairia Antiprosopion, Emporiou kai Viomikhanias (Athens, Greece) (represented by: V. Khristianos, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the General Court should:

—declare that the failure by the Commission to pay the balance of the financial support for the applicant in respect of the contract for the project ‘PERceptive Spaces promoting iNdependent Aging (PERSONA)’, amounting to EUR 6 752,74, constitutes a breach of its contractual obligations;

—order the Commission to pay to the applicant the sum of EUR 6 752,74, in respect of the expenditure incurred by the applicant during the fourth reference period of the PERSONA project, together with the interest provided for by paragraph 7 of Clause II.28 of Annex II to the principal contract from service of the present action;

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

Pleas in law and main arguments

The present action concerns liability of the Commission under contract No 045459 for the carrying out of the project ‘PERceptive Spaces promoting iNdependent Aging (PERSONA)’, pursuant to Article 272 TFEU.

Specifically, the applicant submits that, although it duly performed its contractual obligations in full, the Commission suspended payment to it without being entitled to do so and in breach of the foregoing contract and of the principle of good faith. For that reason, the applicant submits that the Commission must pay to it the sum of EUR 6 752,74, together with the interest provided for by paragraph 7 of Clause II.28 of Annex II to the principal contract.