Action brought on 13 May 2008 - Commission v I.D. FOS Research

(Case T-170/08)

Language of the case: Dutch

Parties

Applicant: Commission of the European Communities (represented by: R. Lyal and W. Roels, Agents)

Defendant: I.D. FOS Research EEIG (Mol, Belgium)

Form of order sought

order the defendant to pay to the Commission the sum of EUR 21 599.26 together with default interest in the sum of EUR 6 375.94;

order the defendant to pay default interest of EUR 3.99 per day from 8 January 2007 until the date of full repayment of the debt;

order the defendant to pay the costs.

Pleas in law and main arguments

The European Community, represented by the Commission, entered into Contract BRPR-CT-95-0099 with the defendant on 12 December 1995. The contract concerned a project on improved quality assurance and methods of grouting post-tensioned cables. The contract and the project came into being within the framework of the specific programme for research and technological development, including demonstration, in the field of industrial and materials technologies. ¹

An examination of the defendant's performance of the contract was undertaken after completion of the contract. On the basis of the results of that examination, the Commission decided to demand repayment of part of the sums paid, in accordance with the general conditions of the contract.

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¹ - Council Decision 94/571/EC of 27 July 1994 adopting a specific programme for research and technological development, including demonstration, in the field of industrial and materials technologies (1994-1998) (OJ 1994 L 222, p. 19).