Action brought on 23 May 2012 - Axa Belgium v Commission

(Case T-230/12)

Language of the case: French

Parties

Applicant: Axa Belgium (Brussels, Belgium) (represented by: G. Cleenewerck de Crayencour, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

annul debit notes No 7141101047 in the amount of EUR 1 590.62 dated 23 March 2012 and No 7141101053 in the amount of EUR 10 160.88 dated 23 March 2012;

annul the payment by means of offsetting outstanding claims against debts which the Commission effected by letter of 26 March 2012 addressed to S.A. Axa Belgium (a letter bearing the reference D(2012) C4 - B.2 - 000212 and signed by Mr B. of DG Budget);

order the Commission to pay the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

1.    First plea in law, alleging infringement of the Treaties and an error of law, inasmuch as the Commission issued debit notes in respect of unfounded claims and effected recovery by offsetting claims that are not certain, of a fixed amount and due. The applicant submits that the Commission is demanding sums which exceed those granted under the legal rules currently in force in connection with the subrogation of the Commission to the rights of its officials who are the victims of accidents caused by persons who are insured in respect of statutory liability by the applicant.

2.    Second plea in law, alleging infringement of the principles of sound administration and of the protection of legitimate expectations, inasmuch as the Commission offset notwithstanding a contractual undertaking not to do so and notwithstanding the fact that, for many years, the Commission has always agreed to settle cases by negotiation without having recourse to offsetting and waiting for decisions to be given by the Belgian courts.

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