Action brought on 30 December 2012 - Commission v Siemens

(Case T-579/12)

Language of the case: German

Parties

Applicant: European Commission (represented by: R. Lyal and W. Mölls, acting as Agents)

Defendant: Siemens AG (Munich, Germany)

Form of order sought

The applicant claims that the Court should:

Order Siemens AG to pay the applicant EUR 671 234 plus interest in the amount of 5% above the base interest rate within the meaning of Paragraph 247 of the BGB (Bürgerliches Gesetzbuch, German Civil Code) as from the time when the action was brought;

Order the defendant to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant submits that under the contract concluded with the defendant it is entitled to demand compensation for the additional costs arising out of the delay in taking back the materials which have been put at its disposal. Such compensation also has to be paid under the German law applicable to the contract, more precisely under Paragraph 304 and also Paragraphs 280 and 286 of the BGB.

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