Notice for the OJ

 

Action brought on 25 February 2003 by Fondation Alsace against Commission of the European Communities

    (Case T-65/03)

    (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 25 February 2003 by Fondation Alsace, whose registered office is at Strasbourg (France), represented by François Ruhlmann, lawyer.

The applicant claims that the Court should:

(annul the decision of the Commission of 20 December 2002 or, in the alternative, the preceding decision related to it;

(order the Commission to pay the Association Fondation Alsace EUR 3 000 by way of preparation allowance and costs of proceedings.

Alternatively:

(grant the Association Fondation Alsace the longest period possible for payment.

Pleas in law and main arguments

The present application is directed against a decision of the Commission of 20 December 2002 requiring the Fondation Alsace to repay to it EUR 18 000 (principal sum) as a result of its failure to fulfil subvention agreement PSS*/0534, concerning the organisation in Strasbourg of a conference from 29 June to 2 July 1992 entitled: "Quel avenir pour la xénotransplantation et éthique et xénotransplantation". According to the Commission, the applicant failed to fulfil one of its obligations, namely to provide scientific reports.

In support of its claims, in addition to pleading lack of a statement of reasons, the applicant alleges:

(expiry of time-limits to bring an action for restitution inasmuch as reimbursement of the subsidy in question is required more than 10 years after it was granted;

(manifest error of assessment in the present case, in that the condition relating to distribution of scientific reports was met, having regard to the nationality and number of participants at the conference who were all leading specialists in the field with which the conference was concerned.

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