22.6.2015
EN
Official Journal of the European Union
C 205/35
Action brought on 08 April 2015— EFB/Commission
(Case T-174/15)
(2015/C 205/47)
Language of the case: English
Parties
Applicant: European Federation of Biotechnology (EFB) (Liège, Belgium) (represented by: M. Troncoso Ferrer and S. Moya Izquierdo, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—
declare the action admissible and well-founded;
—
order the European Commission to pay the applicant 36 457,79 EUR;
—
condemn the European Commission to pay all the legal costs.
Pleas in law and main arguments
Under its claim, the applicant requests the General Court to declare that the European Commission has breached its contractual obligations under the Contract of 24 January 2007 on the project for European Federation of Biotechnology Latin American Action on Functional Foods, with reference CT-2006-043158 (‘the Contract’), and claims for payment of the final amount of 36 457,79 EUR.
In support of the action, the applicant relies on six pleas in law.
1.
First plea in law, alleging manifest errors of assessment concerning several eligible costs which constitutes an error in the appreciation of proof contrary to Article 1315 of the Belgian Civil Code.
2.
Second plea in law, alleging an infringement of Articles II.20 and II.6 of the General Conditions of the Contract.
3.
Third plea in law, alleging an infringement of Article 1134 of the Belgian Civil Code and the principle of execution of contract in good faith.
4.
Fourth plea in law, alleging a lack of motivation from the European Commission in the refusal to reimburse some costs.
5.
Fifth plea in law, alleging an infringement of the protection of legitimate expectations.
6.
Sixth plea in law, alleging a lack of clarity in the rules applicable to the 6th Framework Programme for Research and Technological Development (‘FP6’).
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