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Action brought on 16 May 2008 - Commission v Atlantic Energy

(Case T-182/08)

Language of the case: English

Parties

Applicant: Commission of the European Communities (represented by: A.-M. Rouchaud-Joët, S. Lejeune, Agents, and M. Jarvis, Barrister)

Defendant: Atlantic Energy Ltd (Truro, United Kingdom)

Form of order sought

to order the defendant to pay the Commission the sum of EUR 383 081.19 being the principal amount of EUR 226 010.00 together with EUR 76 233.61 as late payment interest calculated at the ECB rate +2% on the principal amount for the period between 1 June 1996 and 28 February 2002 and EUR 84 448.11 as late payment interest calculated on the principal amount plus interest to 28 February 2002 at the ECB rate + 1.5% for the period between 16 July 2002 and 31 May 2008 less an off set in the sum of EUR 3 610.53;

to order the defendant to pay EUR 39.33 per day by way of interest from 31 May 2008 until the date on which the debt is repaid in full; and

to order the defendant to pay the costs of the present proceedings.

Pleas in law and main arguments

On 29 March 1996 the European Community, represented by the Commission, entered into a contract BU 183/95 UK/AT with Sidney C. Banks Plc and Jenbacher Energiesysteme AG for the implementation of the project "Advanced automated gasifier with CHP using waste wood as fuel" under the Community activities in the field of non-nuclear energy¹. Pursuant to the contract provision, the Commission made an advance payment of its contribution for the project to the designated contract coordinator, Sydney C. Banks Plc.

By fax dated 25 September 1996, Sidney C. Banks Plc informed the Commission that it had decided to withdraw from the project. On 17 April 1998 the European Community, represented by the Commission, entered into Addendum No 1 to the contract by which Atlantic Energy Ltd replaced Sidney C. Banks Plc as a party to, and coordinator under the contract.

Pursuant to clause 2 of the Addendum Sidney C. Banks Plc transferred the advance payment received from the Commission (plus interest) to Atlantic Energy Ltd in April 1998.

The Commission claims an order that Atlantic Energy Ltd repay the advance payment plus interest on the grounds either that the project never effectively commenced or, if it did, was terminated by the Commission.

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¹ - Council Decision 94/806/EC of 23 November 1994 adopting a specific programme for research and technological development, including demonstration, in the field of non-nuclear energy (1994 to 1998) OJ L 334, 22.12.1994, p. 87