Notice for the OJ

 

Action brought on 26 March 2005 by the Kingdom of Belgium against the Commission of the European Communities

(Case T-134/05)

(Language of the case: French)

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 26 March 2005 by the Kingdom of Belgium, represented by Jean-Pierre Buyle and Christophe Steyaert, lawyers.

The applicant claims that the Court should:

annul the decision of the Commission of 19 January 2005, insofar as it states that 'former ESF claims' are not time-barred and, where appropriate, insofar as it states that such claims give rise to default interest calculated on the basis of Article 86 of Regulation No 2342/2202/EC;

order the Commission to pay the costs.

Pleas in law and main arguments

From 1987 to 1992 the Commission asked the applicant to repay certain sums paid out of the European Social Fund (ESF) and transferred by the Commission directly to various Belgian bodies acting as promoters but not used by them in accordance with the rules relating to the ESF.

In 2004 the Commission set off certain sums payable by the applicant by virtue of its former claims against claims the applicant had against the Commission. Following that setting off, the applicant sent several letters to the Commission to which the Commission replied by the contested decision, stating that the former claims were not time-barred, contrary to the contention of the applicant.

In support of its application the applicant submits that the claims at issue are time-barred pursuant to Article 3.1 of Regulation No 2988/95/EC or, in the alternative, pursuant to the provisions of Belgian law, applicable here pursuant to Article 2.4 of Regulation No 2988/95/EC.

The applicant also disputes the charging by the Commission of default interest. According to the applicant there are specific rules on the subject, namely in Regulation No 1865/90/EEC and Regulation No 448/2001/EC, derogating from Article 86 of 2342/2002/EC which is relied on by the Commission to justify the imposition of default interest. The applicant submits that those specific rules do not provide for the imposition of default interest in respect of ESF action decided on before 6 July 1990 and, therefore, the Commission cannot claim default interest on the claims in question.

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