Judgment of the General Court of 9 June 2021 — HIM v Commission

(Case T-235/19) (1)

(Arbitration clause - Grant agreements concluded in the context of the Information and Communication Technologies (ICT) Policy Support Programme - Audit report - Debit notes issued by the Commission - OLAF investigation - Action for annulment - Counterclaim - Full repayment of grants - Damages)

(2021/C 297/38)

Language of the case: French

Parties

Applicant: Health Information Management (HIM) (Brussels, Belgium) (represented by: P. Zeegers, lawyer)

Defendant: European Commission (represented by: J. Estrada de Solà and M. Ilkova, acting as Agents)

Re:

On the one hand, a principal claim based on Article 272 TFEU seeking a declaration that Debit Notes No 3241901815 and No 3241901886 of 4 February 2019 requesting repayment of the sums of EUR 94 445 and EUR 121 517, respectively, under Grant Agreements No 225023, relating to the project ‘ElDeRly friEndly Alarm handling and monitorING (Dreaming)’, and No 250449, relating to the project ‘Health monitoring and sOcial integration environMEnt for Supporting WidE ExTension of independent life at HOME (HOME SWEET HOME)’, concluded in the context of the Information and Communication Technologies (ICT) Policy Support Programme provided for by the framework programme established by Decision No 1639/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Competitiveness and Innovation Framework Programme (2007 to 2013), were issued by the Commission in breach of its contractual obligations and that, therefore, those sums are not due, and, in so far as necessary, a claim based on Article 263 TFEU seeking annulment of those debit notes; and, on the other, a counterclaim by the Commission seeking an order that HIM repay in full the grants received under the grant agreements referred to above and pay the sum of EUR 56 876.50 by way of damages.

Operative part of the judgment

The Court:

1.	Dismisses the main action;

2.

Declares that the breaches of Grant Agreements No 225023, relating to the implementation of the project entitled ‘ElDeRly friEndly Alarm handling and monitorING (Dreaming)’, and No 250449, relating to the implementation of the project entitled ‘Health monitoring and sOcial integration environMEnt for Supporting WidE ExTension of independent life at HOME (HOME SWEET HOME)’, committed by Health Information Management (HIM) constitute irregularities within the meaning of Article II.1 of the general conditions annexed to those agreements;

3.	Orders HIM to repay the sum of EUR 512 799 to the European Commission;

4.	Dismisses the Commission’s counterclaim as to the remainder;

5.	Orders HIM to bear its own costs and to pay half of the costs incurred by the Commission.

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(1)  OJ C 206, 17.6.2019.