Case T-29/02: Action brought on 13 February 2002 by S.A. Global Electronic Finance Management against the Commission of the European Communities
Date: 2002-05-18
Institutions: Court of First Instance
Subjects: Belgium, EU programme, European Commission, electronic commerce, electronics industry, investment promotion

18.5.2002

EN

Official Journal of the European Communities

C 118/27

Action brought on 13 February 2002 by S.A. Global
Electronic Finance Management against the Commission
of the European Communities

— There is no proof of any payment having been made in

error by the Commission.

(Case T-29/02)

(2002/C 118/43)

(Language of the case: English)

— The Commission communicated for the first time its
change of position in respect of acceptance of the project
costs only six months after the completion of the project,
and three months after the Final Review Report. By so
doing, the defendant did not communicate its objections
within a reasonable time.

— The Commission has not complied with the general
principles of protection of legitimate expectations, of due
process and of execution of a contract ‘in good faith’.

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 13 February 2002 by S.A. Global
Electronic Finance Management, represented by Mr Matthias
E. Storme and Ms Ann Gobien of Keuleneer, Storme, Vanneste,
Van Varenbergh, Verhelst, Brussels (Belgium).

The applicant claims that the Court should:

— declare the application admissible and well-founded;

— order the Commission to pay to the applicant
equivalent in Euro of the sum of 40 693 ECU;

the

— declare the Commission’s attempt to recover from the
applicant
the sum of 273 516 ECU unfounded and
therefore order the Commission to issue a ‘credit note’
for the amount of 273 516 ECU;

— order the Commission to pay the costs of the proceedings.

Pleas in law and main arguments

The object of the present application, pursuant to an arbi-
tration clause within the meaning of Article 238 [ex
Article 181] of the EC Treaty,
is an order requiring the
Commission, representing the European Community, to pay
the Applicant the sum of 40 693 ECU,
in respect of the
execution of a contract concluded under the ESPRIT-Pro-
gramme, aiming to stimulate the development of financial
infrastructure, systems and transaction mechanisms necessary
for the successful growth of electronic commerce within the
European Union. The Law of Belgium is the applicable law.

Action brought on 22 February 2002 by Ricosmos B.V.
against the Commission of the European Communities

(Case T-53/02)

(2002/C 118/44)

(Language of the case: Dutch)

An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 22 February 2002 by Ricosmos
B.V., established at Delfzijl
(Netherlands), represented by
Martijn Hendrik Fleers, Michel Chatelin and Pierre Metzler,
lawyers, with an address for service in Luxembourg.

The applicant claims that the Court should:

(1)

annul the Commission’s decision C(2001) 3663 final of
16 November 2001 in Case REM 09/00;

(2) order the Commission to pay the costs.

In support of its conclusions, the applicant submits as follows:

Pleas in law and main arguments

— It executed its contractual

tasks correctly, as stated
repeatedly by the Commission during the project
execution and confirmed by the final Review Report. The
amount of the account submitted by the applicant to
the Commission for payment was justified and well
documented. There should be accordingly no grounds on
which the Commission may claim repayment of any
amount.

is the grantee of various customs permits
The applicant
enabling it to organise Community transit. In that context, the
applicant organised various shipments of cigarettes to the
Czech Republic under the rules governing external Community
transit.In the case of certain of those shipments, dating from
1994, it subsequently became apparent that fraud had been
committed by third parties.