Action brought on 14 September 2007 - Commission v Rednap

(Case T-352/07)

Language of the case: Swedish

Parties

Applicant: Commission of the European Communities (represented by: D. Triantafyllou and J. Enegren, acting as Agents)

Defendant: Rednap (Malmö, Sweden)

Form of order sought

Order the defendant to

pay the claimant the sum of EUR 516 329.63 (five hundred and sixteen thousand three hundred and twenty-nine euros and sixty-three cents), broken down into EUR 334 375.49 in capital and EUR 181 954.14 in late payment interest for the period from the last payment date for the capital sum in accordance with the relevant debit note to 31 July 2007 inclusive;

pay late payment interest, from 1 August 2007 to the date on which the debt is paid in its entirety, with regard to the debt under contract DE 3010 (DE) 'RISE', in the daily amount of EUR 72.04 (seventy-two euros and four cents) and, with regard to the debt under contract HC 4007 (HC) 'HEALTHLINE', in the daily amount of EUR 37.89 (thirty-seven euros and eighty-nine cents);

pay the costs of these proceedings.

Pleas in law and main arguments

The applicant claims in the present case, which is based on an arbitration clause, that the defendant is obliged to reimburse an excess payment made by the Commission in connection with the performance of contracts No DE 3010 (DE) 'RISE' and No HC 4007 (HC) 'HEALTHLINE' concerning the information technology project in which the Commission was involved with the defendant in the latter's capacity as a member of a consortium.

After audits of the defendant's accounts for the contracts, the Commission reached the conclusion that the defendant had not used the entire amount paid for implementation of the project. The applicant has frequently requested repayment of the outstanding amount which gives rise to this action.

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