Order — ECLI:EU:T:2008:105
Date: 2008-04-10
Language of the case: French
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Research and technological development
Concepts: General;Admissibility and examination of applications, forms of order sought and pleas in law
Procedure: Action for annulment;Action for damages
Origin: France

summary of the pleas in law on which the application is based (Rules of Procedure of the Court of First Instance, Art. 44(1)(c) and (d)) (see paras 39-41) 5. Non-contractual liability – Conditions – Unlawfulness – Damage – Causal link (Art. 288, second para., EC; Rules of Procedure of the Court of First Instance, Art. 44(1)(c) and (d)) (see paras 45-47) Re: APPLICATION for, first, 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 The Court: 1. Dismisses the action; 2. Orders Imelios SA to bear its own costs and pay those incurred by the Commission.