Notice for the OJ

 

Action brought on 30 September 2003 by Masdar (U.K.) Ltd against Commission of the European Communities

    (Case T-333/03)

    Language of the case: English

An action against the Commission of the European Communities was brought before the Court of First Instance of the European Communities on 30 September 2003 by Masdar (U.K.) Ltd, Eversley, Hampshire, (United Kingdom), represented by Philip Bentley QC and Patrick Green, Barrister.

The applicant claims that the Court should:

-- order the Commission to pay to the applicant:

i)the sum of EUR 448,947.78

ii)interest on the said sum as at 31 July 2003 in the amount of £98,121.24 plus interest from 1 August 2003 until the date of judgment

iii)compensation for material damage, loss of profits and non-material damage in an amount of £1,532,931.09;

- order the Commission to pay the costs of the present proceedings.

        

Pleas in law and main arguments:

According to the applicant, its claim arises out of two TACIS contracts between the Commission and a contractor regarding two projects in Moldova and Russia. The contractor subcontracted with the applicant to provide some of the services. When the applicant discovered what it considered to be irregularities on the part of the contractor, it informed the Commission Services. On the understanding that it would be paid for the services rendered, the applicant carried out the services necessary for completion of the projects covered by the contracts. Subsequently, the Commission ceased all payments to the contractor and issued recovery orders for amounts already paid to the contractor.

The applicant claims that the Commission's failure to pay the sum of EUR 448,947.78 is wrongful and has caused the applicant additional loss. The applicant argues that the Commission has had the benefit of the services provided by the applicant but has not paid anyone for such services. The applicant claims that the Commission is obliged to pay the applicant for the services provided on the basis of the principles of unjust enrichment, gestion d'affaires, legitimate expectation and general principles of fault liability. In addition, the applicant claims interest and damages for loss consequential upon the Commission's alleged illegal failure to pay the applicant for the services.

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