Action brought on 15 April 2014 – Commission v McCarron Poultry

(Case T-226/14)

Language of the case: English

Parties

Applicant: European Commission (represented by: R. Van der Hout, lawyer, and L. Cappelletti and F. Moro, agents)

Defendant: McCarron Poultry Ltd (Killacorn Emyvale, Ireland)

Form of order sought

The applicant claims that the Court should:

Order the defendant to pay the European Commission the sum due of EUR 976.663,34, corresponding to the principal amount of EUR 900.662,25 plus the amount of EUR 76.001,09 as late payment interest calculated at a rate of 2,50% for the period between 01.12.2010 and 15.04.2014;

Order the defendant to pay the European Commission the sum of EUR 61,690 per day by way of interest from 16.04.2014 until the date on which the debt is repaid in full; and

Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

The present application is presented under Article 272 TFEU seeking a decision of the General Court ordering the defendant to reimburse the European Commission the principal amount of EUR 900.662,25, plus interest, in relation to contract No NNE5/1999/20229 for "Community Activities in the Field of the specific programme for RTD and demonstration on “Energy, Environment and Sustainable Development - Part B: Energy program”".

In support of its application, the European Commission raises a single plea in law: the Commission contends that the defendant has breached its contractual obligations by failing to reimburse to the Commission the difference between the Union's financial contribution due to defendant and the total amount of funding already received by it. The financial contribution due to the defendant is less than the total amount paid by the applicant by means of advance and intermediate payments. The Commission contends therefore that, under the contract, the defendant is liable for the sum due.