Action brought on 21 December 2006 - Commission v TGA Technische Gebäudeausrüstung Chemnitz

(Case T-396/06)

Language of the case: German

Parties

Applicant: Commission of the European Communities (represented by: M. Šimerdová, R.Bierwagen (lawyer))

Defendant: TGA Technische Gebäudeausrüstung Chemnitz GmbH

Form of order sought

order the defendant to reimburse the applicant EUR 32,440.80 plus 4% interest with effect from 30 November 1999;

order the defendant to pay the costs.

Pleas in law and main arguments

The applicant concluded an agreement on Community activities in the field of non-nuclear energy (1994 - 1998), ¹ in which it was agreed that the Court of First Instance would have jurisdiction over disputes connected with this agreement. The subject of the project was the construction and commissioning, on a trial basis, of a leather drying plant.

The Commission terminated this agreement by letter of 18 February 1999, on the ground that no proper final report was submitted to it. The applicant submits, in this connection, that the statements of accounts presented to it by the defendant subsequently were only partially approved because a number of documents were missing. The remaining amount has been demanded by the applicant on several occasions and is the subject of the present action.

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¹ - Council Decision 94/806/EC of 23 November 1994 adopting a specific programme for research and technological development, including demonstration, in the field of non-nuclear energy (1994 to 1998) (OJ 1998 L 334, p. 87).