Case C-29/03: Action brought on 27 January 2003 by Commission of the European Communities against ITEC-Instituto Tecnológico para a Europa Comunitária
Date: 2003-03-22
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), contract, law of obligations

C 70/12

EN

Official Journal of the European Union

22.3.2003

than life assurance (1), as supplemented and amended by
Second Council Directive 88/357/EEC (2) and Third Council
Directive 92/49/EEC (3), and Articles 17 and 18 of First Council
Directive 79/267/EEC on the coordination of laws, regulations
and administrative provisions relating to the taking up and
pursuit of the business of direct life assurance (4), as amended
and supplemented by Second Council Directive 90/619/EEC (5)
and Third Council Directive 92/96/EEC (6), may the national
legislature provide that, where an insurance company is the
subject of insolvency proceedings, is put into liquidation or is
otherwise in a state of insolvency, claims arising from an
employment relationship with it are satisfied from the assets
which are included in its technical provisions in preference to
claims of persons entitled to an insurance payment and of
successors to all or certain of their rights?

Pleas in law and main arguments

Under Article 7 of the General Conditions of the Contract , the
Court of First Instance of the European Communities and, on
appeal, the Court of Justice of the European Communities have
jurisdiction in any action concerning the validity, application
and interpretation of the contract.

Since the abovementioned amounts, overpaid by the Com-
mission, have not been repaid, the defendant failed to fulfil its
obligations under the contract.

( 1) OJ L 228 of 16.08.1973, p. 3.
( 2) OJ L 172 of 04.07.1988, p. 1.
( 3) OJ L 228 of 11.08.1992, p. 1.
( 4) OJ L 63 of 13.03.1979, p. 1.
( 5) OJ L 330 of 29.11.1990, p. 50.
( 6) OJ L 360 of 09.12.1992, p. 1.

Action brought on 27 January 2003 by Commission
ITEC-Instituto
of

the European Communities against

Tecnológico para a Europa Comunitária

(Case C-29/03)

(2003/C 70/19)

An action against ITEC-Instituto Tecnológico para a Europa
Comunitária was brought before the Court of Justice of the
European Communities on 27 January 2003 (previously
brought before the Court of First Instance on 17 January 2003)
by the Commission of the European Communities, represented
by G. Braga da Cruz and C. Giolito, acting as Agents, with an
address for service in Luxembourg.

Action brought on 27 January 2003 by Commission
ITEC-Instituto
of the European Communities against

Tecnológico para a Europa Comunitária

(Case C-30/03)

(2003/C 70/20)

An action against ITEC-Instituto Tecnológico para a Europa
Comunitária was brought before the Court of
Justice of
the European Communities on 27 January 2003 by the
Commission of the European Communities, represented by
G. Braga da Cruz and C. Giolito, acting as Agents, with an
address for service in Luxembourg.

The applicant claims that the Court should:

(a)

order the defendant to pay EUR 29 538,01, consisting of
EUR 26 105,97 as a capital amount and EUR 3 432,04
by way of interest until 31 December 2002 at the rate
5,25 %;

(b) order payment of EUR 3,75 per diem, by way of interest
at the same rate from 31 December 2002 until full
payment is made;

The applicant claims that the Court should:

(c)

order the defendant to pay the costs.

(a)

order the defendant to pay EUR 69 089,84 consisting of
EUR 62 236,65 as a capital amount and EUR 6 853,19
by way of interest until 31 December 2002 at the rate
6,28 %;

(b) order payment of EUR 10,71 per diem, by way of interest
at the same rate from 31 December 2002 until full
payment is made;

(c)

order the defendant to pay the costs.

Pleas in law and main arguments

Under Article 12(2) of the contract, the Court of First Instance
of the European Communities and, on appeal, the Court of
Justice of the European Communities have jurisdiction in any
action concerning the validity, application and interpretation
of the contract.