Judgment of the General Court (First Chamber) of 2 October 2012 — ELE.SI.A v Commission

(Case T-312/10)

Arbitration clause — Sixth multiannual framework programme of the European Community for research, technological development and demonstration activities, contributing to the creation of the European Research Area and to innovation (2002 to 2006) — Contract concerning the ‘I Way, Intelligent, co-operative system in cars for road safety’ project — Termination of the contract — Request for repayment of the financial contribution paid — Damages — Action seeking to obtain the full financial contribution requested and to challenge the request for repayment — Counterclaim

1.                     Proceedings — Application initiating proceedings — Formal requirements — Summary statement of pleas — Plea not accompanied by any explanation enabling its merit to be assessed — Inadmissible (Rules of Procedure of the General Court, Art. 44(1)(c)) (see para. 76)

2.                     EU budget — EU financial assistance — Obligation of the beneficiary to comply with the conditions for grant of the aid — Contracts concluded under a specific research, technical development and demonstration programme — Procedure for verifying irregularities — Audit of accounting and management principles, jointly carried out by Commission staff and external consultants — No obligation to provide employees questioned with the assistance of an interpreter — Audit not falling within the scope of Regulation No 2185/96 (Council Regulation No 2185/96) (see paras 77-93)

3.                     Proceedings — Referral to the General Court under an arbitration clause — Contracts concluded under a specific research, technical development and demonstration programme — Termination of a contract by reason of irregularities committed by the co-contractor — Claims for repayment of the financial contribution paid plus damages — Action seeking payment of the whole of the financial contribution sought and challenging the claim for repayment — Counterclaim — Finding of non-compliance with contractual obligations — Right of the Commission to repayment of the advance plus interest (Art. 272 TFEU) (see paras 103-123, 153-158)

Re:

Operative part

The Court: