Intercon v Commission (Judgment) French Text [2016] EUECJ T-632/14 (22 September 2016)

Intercon v Commission (Judgment) French Text [2016] EUECJ T-632/14 (22 September 2016)

The action was admissible under Article 272 TFEU, as the applicant invoked the contractual dispute clause and the substance of the dispute concerned contractual obligations. The Commission did not exceed the audit's scope, which was within the grant agreement. Intercon failed to submit required documents and observations within contractual deadlines, and the Commission was entitled to disregard late submissions and recover unduly paid sums. The applicant's arguments were unfounded and the action was dismissed.

Citation
[2016] EUECJ T-632/14
Parties
Applicant: Intercon sp. z o.o.; Respondent: Commission européenne
Jurisdiction
European Union
Judgment Date
22 September 2016
Procedural Posture
Contractual Claim Under Article 272 TFEU / Final Judgment at First Instance (general Court, Sixth Chamber)
Outcome
Action dismissed
Legal Topics
Seventh Framework Programme (fp7), EU Research Funding, Grant Agreements, Audit Procedures, Contractual Disputes, Procedural Admissibility
European Union Law Contract Law Seventh Framework Programme (fp7) EU Research Funding Grant Agreements Audit Procedures Contractual Disputes Procedural Admissibility

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Parties

Intercon sp. z o.o.

Applicant

Commission européenne

Respondent

Procedural Posture

Contractual Claim Under Article 272 TFEU / Final Judgment at First Instance (general Court, Sixth Chamber)

Legal Issues

  1. 1 Whether the Commission exceeded the scope of the audit under the grant agreement
  2. 2 Whether the Commission failed to consider documents and observations submitted by Intercon
  3. 3 Whether the action was admissible under Article 272 TFEU despite formal deficiencies

Ratio Decidendi

The action was admissible under Article 272 TFEU, as the applicant invoked the contractual dispute clause and the substance of the dispute concerned contractual obligations. The Commission did not exceed the audit's scope, which was within the grant agreement. Intercon failed to submit required documents and observations within contractual deadlines, and the Commission was entitled to disregard late submissions and recover unduly paid sums. The applicant's arguments were unfounded and the action was dismissed.

Court Disposition

Action dismissed

Orders

  • The action is rejected.
  • Intercon sp. z o.o. shall bear its own costs and those incurred by the Commission.