Notice for the OJ

 

Action brought on 11 January 2005 by the Commission of the European Communities against Parthenon A.E.

(Case T-7/05)

Language of the Case: Greek

An action against Parthenon - Anonimos Etairia Ikodomikon - Touristikon - Viomikhanikon - Emporikon kai Exagogikon Ergasion was brought before the Court of First Instance of the European Communities on 11 January 2005 by the Commission of the European Communities, represented by Dimitrios Triantafillou, Legal Adviser, assisted by Nikolaos Korogiannakis, lawyer.

The applicant claims that the Court should:

-    order the defendant to pay the sum of EUR 325 452.80, which corresponds to EUR 259 800 by way of principal sum and EUR 65 652.80 in default interest up to 10 January 2005;

-    order the defendant to pay in addition interest of EUR 71.18 per day until the debt has been settled in full;

-    order the defendant to pay the costs.

Pleas in law and main arguments

The European Community, represented by the European Commission, concluded with the defendant, as coordinator and member of a joint venture, a contract that formed part of implementation of the provisions of the specific programme of 'research, technological development and demonstration in the field of agriculture and fisheries'. More specifically, the contract was concerned with the carrying out of a project entitled 'development of a new process in fruit cleansing and peeling' and was to be performed within a period of 24 months from 1 September 1998. Under the contract the Commission entered into the obligation to make a financial contribution towards the proper execution of the project amounting to 50% of the allowable costs, the maximum contribution being ECU 433 000.

Since the work had not been completed on the prescribed date (31 August 2000) and the defendant had not lodged a scientific report and a cost statement, as stipulated by the contract, the Commission decided to terminate the contract with effect from 24 February 2001. The subsequent correspondence between the defendant and the Commission did not, in the Commission's view, reveal new matters which could alter the content of the Commission's decision.

By its action, the Commission seeks reimbursement of the sum of EUR 259 800, which it paid to the defendant as an advance in respect of its financial contribution to the performance of the work, and payment of the interest due on that sum, in accordance with the relevant provisions of Greek law which is applicable under the contract.

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