Action brought on 23 October 2008 - Commission v Eurgit and Cirese

(Case T-470/08)

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by: M. Moretto, lawyer, A. M. Rouchaud-Joët and N. Bambara, agents)

Defendants:Associazione dei Giuristi Italiani per le Comunità Europee - Eurgit (Rome, Italy) and Vania Cirese (Rome, Italy)

Form of order sought

Order EURGIT and Mrs Vania Cirese, both jointly and severally, to reimburse the principal sum due of EUR 7 142, together with default interest at the statutory interest rate applicable in Belgium with effect from 11 November 2002 until full payment of the sums due;

order EURGIT and Mrs Vania Cirese, both jointly and severally, to pay the costs.

Pleas in law and main arguments

The present action is brought by the European Commission pursuant to Article 238 EC for an order that EURGIT and Mrs Cirese, jointly and severally, reimburse the sum of EUR 7 412, together with default interest, being the advance paid by the applicant to EURGIT to carry out project No 97/GR/098, financed in the framework of the GROTIUS programme of incentives and exchanges for legal practitioners.

The Commission submits that, under paragraph 7 of the 'statement by the beneficiary of a financial contribution', the beneficiary undertakes, where items of expenditure incurred cannot justify the use of the financial contribution received, to reimburse, upon its request, sums already paid which are not justified.

Since EURGIT has failed, within the prescribed period, to justify the use of the sum advanced by the Commission, there can be no doubt that the defendant and any person acting in its name or on its behalf is liable for the reimbursement of the advance paid.

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