Action brought on 20 April 2011 - Siemens v Commission

(Case T-223/11)

Language of the case: English

Parties

Applicant: Siemens AG (Munich, Germany) (represented by: J. Risse, R. Harbst and H. Haller, lawyers)

Defendant: European Atomic Energy Community, represented by the European Commission

Form of order sought

Order the defendant to pay to the applicant an amount of EUR16,114,147 plus interest at a rate of 8 percentage points above the German base rate since 20 April 2011 ; and

Order the defendant to reimburse the applicant, on a full indemnity basis, for attorneys' fees and other expenses incurred due to the present proceedings.

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 that under the contract concluded with the defendant, the applicant is entitled to claim cost compensation for the additional costs incurred.

2.    Second plea in law, alleging, in the alternative, that such cost compensation should be paid under German law, applicable to the contract, more specifically under Section 313 of the German Civil Code (BGB).

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