Delays in the execution of two contracts resulting in reduction of funds paid to the complainant

Available languages: en

Related documents

  • Case: 1176/2012/VIK
  • Case: 1176/2012/VIK
    Opened on 10 Jul 2012
  • Institution(s) concerned: European Commission
  • Field(s) of law: Science, information, education and culture
  • Types of maladministration alleged – (i) breach of, or (ii) breach of duties relating to: Lawfulness (incorrect application of substantive and/or procedural rules) [Article 4 ECGAB]
  • Subject matter(s): Execution of contracts

Allegation(s)

1)The Commission wrongly rejected the complainant's request, dated 8 November 2010, for an extension of the deadline for the implementation of the contracts.

2) The Commission failed to take into consideration that the delay of 101 days in the implementation of the contracts was not due to the complainant's fault.

Claim(s)

1) The Commission should retroactively extend the deadline for the implementation of the contracts to 31 December 2010.

2) The Commission should not apply Article 21.1 of the General Conditions[1] to the aforesaid delay of 101 days in the implementation of the contracts. The liquidated damages concerning the two contracts in question should be reduced by 50 %, that is to EUR 33 235.


[1] General Conditions for supply contracts financed by the European Community or by the European Development Fund.