Action brought on 27 August 2007 - Commission v B2Test

(Case T-317/07)

Language of the case: French

Parties

Applicant: Commission of the European Communities (Brussels, Belgium) (represented by: L. Escobar Guerrero, agent, and E. Bouttier, lawyer)

Defendant: B2Test (Gardanne, France)

Form of order sought

order B2Test to pay to the applicant the sum of EUR 50 110. 72, corresponding to the principal sum owed of EUR 43 437.94 and the sum of EUR 6 672.78 owed by way of default interest, due as of 23 December 2004;

order B2Test to pay interest amounting to EUR 8.03 per day at the same rate with effect from 24 December 2004 until the entire amount due has been paid in full;

order B2Test to pay the costs.

Pleas in law and main arguments

By the present action based on an arbitration clause, the applicant requests that the defendant be ordered to repay the advance paid by the Community, together with default interest, as a result of the non-performance of Contract No BRST-CT-98-5452, concluded in the context of a specific programme for research and technological development, including demonstration, in the field of industrial and materials technologies (1994-1998) ¹ and concerning the project 'Research and development of a new safety flooring based on recycled plastic and rubber materials for an environmental and economic added value'.

Under the contract, the defendant was required regularly to submit to the Commission the scientific and financial documents referred to in the contract. According to the applicant, only part of the documents required under the contract were forwarded by the defendant almost three years after the dates laid down in the contract. The final report on the project was never forwarded. The applicant therefore submits that the defendant failed to fulfil its contractual obligations and is required to repay to the Commission the advances which it initially paid to the defendant.

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¹ - OJ 1994 L 222, p. 19.