Action brought on 18 August 2010 - Commission v Tornasol Films

(Case T-338/10)

Language of the case: Spanish

Parties

Applicant: European Commission (represented by: A.-M Rouchaud-Joët, Agent, and R. Alonso Pérez-Villaneuva, lawyer)

Defendant: Tornasol Films SA (Madrid, Spain)

Form of order sought

order the defendant to pay the applicant EUR 19 554.00 plus default interest calculated at the rate of 5% per annum from 14 April 2009, and

order Tornasol Films SA to pay all the costs incurred in the present proceedings.

Pleas in law and main arguments

The present action concerns the alleged breach of a contract concluded between the Commission and the defendant within the framework of the MEDIA Plus Programme.

The wording of that contract stipulated that the recipient is to deposit the equivalent of the amount received as Community support in a specified account within 30 days of the start of production and to submit to the Commission a reinvestment plan for that amount within six months from the same date.

In support of its form of order, the applicant claims:

that the defendant has failed to comply with those contractual obligations although it has not presented any arguments and has not disputed the debit note sent by the Commission;

if the obligations provided for in the contract have been breached by the beneficiary, the wording of the contract allows the Commission to rescind it and require the return of the sums paid as a financial contribution;

in spite of various reminders and summonses the defendant has not repaid the funds awarded.

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