Notice for the OJ

 

SEQ CHAPTER \h \r 1Action brought on 6 August 2004 by the Commission of the European Communities against Silicon and Software Systems Limited

(Case T-326/04)

Language of the case: English

An action against Silicon and Software Systems, Dublin (Ireland) was brought before the Court of First Instance of the European Communities on 6 August 2004 by the Commission of the European Communities, represented by A. Whelan, agent and Dr D.R. Phelan, Barrister with an address for service in Luxembourg.

The applicant claims that the Court should:

-    condemn the defendant to pay the Commission the sum of 38 446.50 Euros, corresponding to 29 194 Euros as the principal sum due and 9 252.50 Euros as late-payment interest from 30 August 2000 until 16 August 2004 at a rate of 8 % per annum;

-    condemn the defendant to pay the Commission 6.40 Euros per day by way of interest at a rate of 8 % per annum from 17 August 2004 until the date on which the debt is repaid in full;

-    condemn the defendant to pay the costs of the present action.

Pleas in law and main arguments

On 28 March 1994, the Commission concluded with the defendant ESSI contract No 10043 with a view to work being carried out in respect of research and technological development in pursuance of the ESPRIT Programme. In accordance with the contract, the Commission made an advance payment in respect of its financial contribution to the defendant's account. Upon completion of the work, the defendant submitted its consolidated cost statement. The Commission refused to take into account those costs incurred before the commencement of the contract and modified the costs statement to that extent. The Commission states that the defendant never objected to this revised consolidated cost statement established by the Commission.

The Commission then requested the reimbursement of part of the advance that was in excess of the revised consolidated cost statement, namely 29 194 Euros. The defendant refused to pay the outstanding balance and therefore breached, according to the Commission, the terms of the contract.

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