Isotis v Commission (Judgment) French Text [2016] EUECJ T-562/13 (04 February 2016)

Isotis v Commission (Judgment) French Text [2016] EUECJ T-562/13 (04 February 2016)

The Court held that the Commission was entitled to recover the prefinancing of €47,197.93 from Isotis because the applicant failed to justify the eligibility of the declared costs, and the audit revealed serious irregularities. The Commission complied with its contractual obligations in specifying the amount,...

Source-derived case information.

Citation
[2016] EUECJ T-562/13
Parties
Applicant: Koinonia Tis Pliroforias Anoichti Stis Eidikes Anagkes – Isotis; Respondent: Commission européenne
Jurisdiction
European Union
Procedural Posture
Contractual Claim Under Article 272 TFEU (arbitration Clause) / Final Judgment at First Instance (general Court, 8th Chamber)
Outcome
Applicant's claims dismissed; Commission's counterclaim upheld.
Legal Topics
EU Funding Contracts, Eligibility of Costs, Recovery of Prefinancing, Audit Procedures, Good Faith in Contract Execution
European Union Law Contract Law Administrative Law EU Funding Contracts Eligibility of Costs Recovery of Prefinancing Audit Procedures Good Faith in Contract Execution

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Koinonia Tis Pliroforias Anoichti Stis Eidikes Anagkes – Isotis

Applicant

Commission européenne

Respondent

Procedural Posture

Contractual Claim Under Article 272 TFEU (arbitration Clause) / Final Judgment at First Instance (general Court, 8th Chamber)

  1. 1 Whether the Commission was entitled to recover prefinancing from Isotis under the REACH112 contract
  2. 2 Whether the costs declared by Isotis were eligible under the contract
  3. 3 Whether the Commission violated the contract or principles of good faith in seeking recovery

Ratio Decidendi

The Court held that the Commission was entitled to recover the prefinancing of €47,197.93 from Isotis because the applicant failed to justify the eligibility of the declared costs, and the audit revealed serious irregularities. The Commission complied with its contractual obligations in specifying the amount, grounds, and payment modalities for recovery. The applicant's arguments regarding good faith, motivation, and the inapplicability of the lump-sum indemnity were either unfounded or moot. Interest for late payment was due as per the contract.

Court Disposition

Applicant's claims dismissed; Commission's counterclaim upheld.

Orders

  • Isotis is ordered to pay the Commission €47,197.93 in principal.
  • Isotis is ordered to pay interest for late payment: €413.79 from 29 October 2013 to 16 January 2014, and €5.17 per day from 17 January 2014 until full payment.