Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 62015TN0270

    Case T-270/15: Action brought on 26 May 2015 — ANKO AE v Research Executive Agency (REA)

    Information about publishing Official Journal not found, p. 37–38 (BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    24.8.2015   

    EN

    Official Journal of the European Union

    C 279/37

    Action brought on 26 May 2015 — ANKO AE v Research Executive Agency (REA)

    (Case T-270/15)

    (2015/C 279/46)

    Language of the case: Greek

    Parties

    Applicant: ANKO AE Antiprosopeion, Emporiou kai Viomichanias (Athens, Greece) (represented by: V. Christianos, lawyer)

    Defendant: Research Executive Agency (REA)

    Form of order sought

    The applicant claims that the General Court should:

    —

    declare that the suspension of payment which the Research Executive Agency (REA) applied with respect to the sum which it continues to owe to the applicant as its contribution to the ESS project is in breach of its contractual obligations and, consequently, ΑΝΚΟ should be paid the remaining part of its contribution, the sum of EUR 1 25  253,82, with legal interest, and

    —

    order the REA to pay the applicant’s costs.

    Pleas in law and main arguments

    With this action the applicant claims that the General Court of the European Union should, under Article 272 TFEU, declare that the suspension of payment which the Research Executive Agency applied with respect to the sum which it continues to owe to the applicant as its contribution to the ESS project in the context of the FP7 programme is in breach of its contractual obligations and, consequently, that that sum should be paid to ΑΝΚΟ, with interest from the date of lodging this action.

    In particular, ΑΝΚΟ maintains that it fully and properly performed its contractual obligations. In contrast, the Research Executive Agency (REA) suspended its payments to ΑΝΚΟ, in breach of Section ΙΙ.5 (3)(d) of Annex ΙΙ to the principal agreement for the ESS project. For that reason, the Research Executive Agency (REA) continues to owe to the applicant with respect to the ESS project the sum payment of which was unlawfully suspended, namely EUR 1 25  253,82.

    In particular, ΑΝΚΟ maintains that the suspension of payments by the Research Executive Agency (REA) to it with respect to the ESS project is contrary to the ESS project agreement and to EU law for the following reasons:

    —

    First, the Research Executive Agency (REA) unlawfully suspended payments to ΑΝΚΟ, since none of the five conditions set out in Section ΙΙ.5 (3)(d) of Annex ΙΙ to the principal agreement applies.

    —

    Second, the Research Executive Agency (REA) unlawfully laid down a condition, on which the suspension of payments could be terminated, for which no provision was made in the contractual documents and which is contrary to EU law.
    Top