Action brought on 11 February 2008 - Berliner Institut für Vergleichende Sozialforschung v Commission

(Case T-73/08)

Language of the case: German

Parties

Applicant: Berliner Institut für Vergleichende Sozialforschung eV (Berlin, Germany) (represented by: B. Henning, lawyer)

Defendant: Commission of the European Communities

Form of order sought

Annul the Commission's decision of 26 November 2007 claiming repayment of the sum of EUR 23 228.07 in connection with the 'Daphne Grant Agreement JLS/DAP/2004-1/080/YC';

order the Commission to pay the costs.

Pleas in law and main arguments

In May 2005, the applicant and the Commission signed an agreement on support for a project in connection with the Daphne II programme. ¹ By debit note of 26 November 2007, the defendant reclaimed from the applicant part of the payment made in connection with this agreement. The applicant brought the present action against that decision.

The applicant claims in support of its action, first, that the contested decision is in breach of the obligation to state reasons. Second, the principle of a fair hearing has been infringed, as the applicant was not allowed an appropriate period of time to comment and to submit additional documents. Finally, the applicant complains that the contested decision is based on an erroneous assessment of the facts.

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¹ - Decision No 803/2004/EC of the European Parliament and of the Council of 21 April 2004 adopting a programme of Community action (2004 to 2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk (the Daphne II programme) (OJ 2004 L 143, p. 1).