Order of the Court of First Instance of 10 April 2008 - Imelios v Commission
(Application for annulment - Action for damages - Fifth framework programme of the Community for research, technological development and demonstration activities (1998-2002) - Arbitration clause - Debit note - Inadmissible
Language of the case: French
Parties
Applicant: Imelios SA (Velizy-Villacoublay, France) (represented by: C. Curtil, lawyer)
Defendant: Commission of the European Communities (represented by: C. Ladenburger and E. Manhaeve, agents)
Re:
First, application for annulment of the decision adopted by the Commission following an audit report by the European Anti-Fraud Office (OLAF) to recover, by way of the debit note of 17 January 2007, payments made in the framework of the contract, reference number IST-1999-10934-Assist relating to the 'Knowledge for Help Desk Operators' programme, concluded in the context of the Fifth Framework Programme of the Community for research, technological development and demonstration activities (1998-2002) in the field of user-friendly information, second, a request for payment of EUR 34, 368 in respect of an instalment of a grant still to be paid under the contract and, third, a claim for compensation for damage allegedly suffered by the applicant as a result of that decision.
Operative part of the order
1. The action is dismissed.
2. Imelios SA is to bear its own costs and pay those incurred by the Commission.
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