Action brought on 28 April 2006 - Helkon Media v Commission

(Case T-122/06)

Language of the case: German

Parties

Applicant: Helkon Media AG (Munich, Germany) (represented by: U. Karpenstein, lawyer)

Defendant: Commission of the European Communities

Form of order sought

order the European Commission to pay the sum of EUR 120 000 to HELKON MEDIA AG i.L;

order the Commission to pay the costs.

Pleas in law and main arguments

Helkon Media AG, in liquidation, represented by its insolvency administrator, relies on a claim for payment against the European Commission under an agreement to support a film, on the basis of an arbitration clause for the purposes of Article 238 EC, in the annex to that agreement.

According to the applicant, the claim for payment is not extinguished by the set-off alleged by the Commission. It bases its action on the assertion that this set-off has no legal basis. The applicant further contends that a set-off after the opening of insolvency proceedings is inadmissible in German law. Finally, it submits that the recognised conditions for a set-off have not been met.

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