Action brought on 15 May 2008 - Commission v Cooperação e Desenvolvimento Regional, SA

(Case T-174/08)

Language of the case: Portuguese

Parties

Applicant: Commission of the European Communities (represented by: M. Afonso, acting as Agent)

Defendant: Cooperação e Desenvolvimento Regional, SA

Form of order sought

Order the defendant to reimburse the Commission a principal amount of EUR 63 349.27, plus a sum of EUR 28 940.70 in late payment interest until 5 May 2008;

order the defendant to pay late payment interest from 6 May 2008 at a daily rate of EUR 10,91 until full repayment of the debt has been made;

order the defendant to pay the costs.

Pleas in law and main arguments

The present action was brought under Article 238 EC.

Within the framework of the project 'European Network of Centres for the Advancement of Telematics in Urban and Rural Areas' (ENCATA), the European Community, represented by the Commission, entered into contract No SU 1001 (SU) ENCATA with 12 contractors, among which the defendant.

In accordance with the provisions of that contract the Commission undertook to grant financial assistance to the group of contractors, among which the defendant, for the development of that project.

The project was set to last for 18 months.

Work was started on the project on 1 January 1996.

The Commission undertook to finance up to 50% of the total cost of the project.

On 25 September 1997 the parties agreed to a first revision of the contract.

The duration of the project increased from 18 months to 36 months, with a starting date of 1 January 1996.

On 29 June 1998 the parties agreed to a second revision of the contract, following which the duration of the project was reduced from 36 to 30 months, and the starting date of 1 January 1996 remained unchanged.

The final costs of the project approved by the Commission were lower than the advances made by the latter within the context of contract No SU 1001 (SU) ENCATA.

Consequently, the Commission sought reimbursement of the advances made in excess of the costs incurred.

The sum owed by the defendant amounts to EUR 63 349.27 plus late payment interest.

For years the Commission has incessantly been reminding the defendant of its debt and has sent it numerous requests for payment. The defendant, for its part, has acknowledged its debt on numerous occasions and has stated its intention to repay it as soon as possible, but up until now it has not made any payment whatsoever to the Commission of the debt and the late payment interest in respect of the advances made in excess of the framework of the ENCATA project.

____________