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Case T-616/15: Judgment of the General Court of 3 July 2018 — Transtec v Commission (EDF — ACP countries — The Cotonou Agreement — Support programme for cultural initiatives in Portuguese-speaking African countries — Sums paid by the Commission to the body entrusted with the financial implementation of the programme in Guinea-Bissau — Recovery following a financial audit — Offsetting of debts — Proportionality — Unjust enrichment — Non-contractual liability)
ECLI:EU:UNKNOWN:62015TA0616
62015TA0616
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Valentina R., lawyer
(Case T-616/15) (*1)
‘(EDF — ACP countries — The Cotonou Agreement — Support programme for cultural initiatives in Portuguese-speaking African countries — Sums paid by the Commission to the body entrusted with the financial implementation of the programme in Guinea-Bissau — Recovery following a financial audit — Offsetting of debts — Proportionality — Unjust enrichment — Non-contractual liability)’
Language of the case: French
Parties
Applicant: Transtec (Brussels, Belgium) (represented by: L. Levi, lawyer)
Defendant: European Commission (represented by: initially A. Aresu and S. Bartelt, and subsequently A. Aresu, acting as Agents)
Re:
First, application based on Article 263 TFEU and seeking annulment of the set-off decisions contained in the Commission’s letters of 27 August and 7, 16, 23 and 25 September 2015, seeking to recover the sum of EUR 624388,73, corresponding to the amount of part of the advance paid to the applicant in the context of a support programme for cultural initiatives in Guinea-Bissau, financed by the ninth European Development Fund (EDF), plus late-payment interest, and, second, application based on Article 268 TFEU seeking recovery of sums allegedly linked to unjust enrichment, as well as compensation for damage allegedly suffered by the applicant as a result of the Commission’s conduct.
Operative part of the judgment
The Court:
1.Annuls, in part, the set-off decisions contained in the Commission’s letters of 27 August and 7, 16, 23 and 25 September 2015, seeking to recover the sum of EUR 624388,73, corresponding to the amount of part of the advance paid to the applicant in the context of a support programme for cultural initiatives in Guinea-Bissau, financed by the ninth European Development Fund (EDF), plus late-payment interest, to the extent that they seek to recover the amount of EUR 312265,42, corresponding to the amount of ineligible expenses identified by financial finding No 2 of EDF’s audit report 2007/20859 concerning the operational programme estimate and the closure programme estimate reference FED/2010/249-005;
2.Dismisses the action as to the remainder;
3.Orders the Commission and Transtec to each bear their own costs.
* * *
(*1) OJ C 27, 25.1.2016.