Notice for the OJ
Action brought on 18 November 2003 by Musée Grevin against the Commission of the European Communities
(Case T-378/03)
Language of the case: French
An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 18 November 2003 by Musée Grevin, having its registered office in Paris, represented by Bernard Geneste and Olivia Davidson, lawyers.
The applicant claims that the Court should:
join this action to Case T-314/03 for the purposes of the written procedure and the oral procedure;
annul the decision of the European Commission of 30 September 2003 requiring Musée Grevin to reimburse the sums allegedly wrongly paid to it;
order the European Commission to pay all of the costs.
Pleas in law and main arguments:
The applicant received grants from the Commission within the framework of a project to create a joint venture with a Polish undertaking. By decision of 8 July 2003, the Commission sought repayment of the sums paid to the applicant.
The applicant brought proceedings challenging that decision (Case T-314/03, OJ 2003 C 275, p. 49). At the same time, the applicant submitted documents to the Commission fully substantiating the proper use of the Community funds, and asked it to reconsider its decision. In the decision contested in this case, the Commission confirmed its decision of 8 July 2003.
In support of its application, the applicant alleges, first, a breach of Regulation No 1,
1 in that the contested decision was written in English and not in French. It also alleges a failure to respect the limitation period of four years laid down in Article 3 of Council Regulation No 2988/95.
2 The applicant alleges moreover a breach of the principle of collegiate responsibility and that the person who signed the contested decision lacked competence.
The applicant also alleges that the decision lacks any legal basis, contains a manifest error of assessment, fails to satisfy the obligation to state reasons and, lastly, is in breach of the principle of proportionality.
____________1 - Council Regulation No 1 determining the languages to be used by the European Economic Community (OJ, English Special Edition 1952-1958, p. 59).2 - Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests (OJ 1995 L 312, pp. 1-4).