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Action brought on 20 November 2009 - European Commission v New Acoustic Music et Anna Hildur Hildibrandsdottir

(Case T-464/09)

Language of the case: English

Parties

Applicant: European Commission (represented by: A.-M. Rouchaud-Joët, N. Bambara, Agents, assisted by C. Erkelens, lawyer)

Defendant: New Acoustic Music Association (Orpington, United Kingdom), Anna Hildur Hildibrandsdottir (Orpington)

Form of order sought

order the defendants to repay to the Commission the amount of EUR 31,136.23 in principal, to be accrued with interests at 7,70% per annum as of 14 January 2008 until the date of final payment;

order the defendants to pay the procedural costs, including those incurred by the Commission.

Pleas in law and main arguments

The application is filed in relation to a grant agreement identified with the contract number 2003-1895/001-001, entered into between the European Commission (hereinafter "Commission") and New Acoustic Music Association (hereinafter "NAMA"), represented by Ms Anna Hildur Hildibrandsdottir, with a view to carrying out the action entitled CLT2003/A1/GB-317 - European Music Roadwork in framework of the Programme "Culture 2000"¹.

By means of its application, the applicant seeks an order from the Court requesting the defendants, each liable for the entire amount, one in the absence of the other, to repay to the Commission the sum of EUR 31,136.23, accrued with default interests, resulting from the difference between the sum paid in advance by the applicant to NAMA for the implementation of the actions provided for in the grant agreement and the sum which NAMA is entitled to.

In support of its application, the applicant raises a single plea in law. It submits that NAMA has allegedly breached its contractual obligations by failing to reimburse part of the advance payment made by the Commission since the actual eligible expenses were lower than the estimated total costs.

The Commission contends that both Acoustic and Ms Anna Hildur Hildibrandsdottir, in her capacity as partner and authorised legal representative of NAMA, are jointly liable for the sum due.

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¹ - Decision No 508/2000/EC of the European Parliament and of the Council of 14 February 2000 establishing the Culture 2000 programme (OJ 2000 L 63, p. 1)