Case C-280/03: Action brought on 24 June 2003 by the Commission of the European Communities against the European Economic Interest Grouping Lior and Others
Date: 2003-09-06
Institutions: Court of Justice
Subjects: Economic Interest Grouping, European Commission, appeal to the Court (EU), contract, renewable energy

C 213/14

EN

Official Journal of the European Union

6.9.2003

Furthermore, it is evident that the difficulty in proving that the
misconduct of the State or public bodies was culpably or
maliciously intended could, in practice, result in actions for
damages brought by persons harmed by an infringement being
delayed and, in all likelihood, unsuccessful. Such a situation
undermines the effectiveness of Article 1(1) of the directive,
namely that effective and rapid remedies must be available in
the case of infringements of Community law in the field of
public procurement or national rules implementing that law.

( 1) OJ 1989 L 395, p. 33.

the Italian civil service, periods of comparable work completed
in the civil service of a Member State other than Italy must be
taken into consideration by the Italian authorities in the same
way as experience gained in the Italian civil service.

The Commission submits that the current practice in Italy is
not to take into consideration time spent in comparable
occupations in the civil service of other Member States. That
practice on the part of the Ministry of Education is inconsistent
with the aforesaid laws.

(1) OJ L 257 of 19.10.1968 p. 2.

Action brought on 26 June 2003 by the Commission of
the European Communities against the Italian Republic

Action brought on 24 June 2003 by the Commission
the European
of

the European Communities against

Economic Interest Grouping Lior and Others

(Case C-278/03)

(2003/C 213/24)

(Case C-280/03)

(2003/C 213/25)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 26 June
2003 by the Commission of the European Communities,
represented by M.-J. Jonczy, acting as Agent.

The applicant claims that the Court should:

— find that, by failing to take into account professional
experience gained by European Union citizens in the civil
service of a Member State other than Italy for the
purposes of their participation in competitions for the
selection of staff to teach at Italian state schools, the
Italian Republic has failed to fulfil its obligations under
Article 39 EC and Article 3 of Council Regulation
No 1612/68 of 15 October 1968 on freedom of move-
ment for workers within the Community (1);

— order the Italian Republic to pay the costs.

Pleas in law and main arguments

Article 39 EC and Article 3 of Regulation No 1612/68 must
be interpreted as meaning that, for the purposes of entering

An action against the European Economic Interest Grouping
Lior, Deira SA, Eutec Srl, Mindshare Bvba, Società Politecnica
Italiana (SPI) Sarl, Beneport SA, Europe Information Service
SA, Managium Sprl, Pi Due Sprl, C.A.R.M.E.N. e.v., Energy
Research Group/University College Dublin, ORCA-Organic
Reclamation and Composting Ass. AIBS, R.P.A. Spa, Aris
Hellas Ltd, and against Lior International n.v., was brought
before the Court of Justice of the European Communities
on 24 June 2003 by the Commission of
the European
Communities, represented by H. Støvlbæk, acting as Agent,
assisted by M. Bra, avocat, with an address for service in
Luxembourg.

The Commission of the European Communities claims that
the Court should:

— declare the present action admissible and well-founded in

its entirety;

— As the main plea: hold the Lior Grouping and the
defendants jointly liable to pay the Commission the sum
of the debit notes issued for all the disputed contracts,
namely the total sum of EUR 142 818,86, plus interest
under Article 94 of Commission Regulation No 3418/
93 (1) until 31 December 2002, and under Article 86(2)(b)
of Commission Regulation No 2342/2002 (2) as from
1 January 2003, dating from the day after the maturity
date of each of the debit notes issued, until the day of
full payment of the principal debt and interest, more
particularly:

6.9.2003

EN

Official Journal of the European Union

C 213/15

1.

2.

3.

4.

5.

6.

and

162-95)

the Biogaz (SME 3-96), Brochure
In respect of
bioclimatique
Biomasse
(DIS
(SME 1539-97) contracts: the sum of EUR 6 156,75,
as set out in debit note no 3240310250, plus
interest thereon, which calculated as above, amounts
in respect of the period from 1 March 2002 until
15 May 2003 to the sum of EUR 403,34, plus an
additional sum of EUR 1,15 per day of additional
delay, as from 16 May 2003, until full payment.

In respect of the Biomasse (SME 1539-97) contract:
the sum of EUR 16 325,11, as set out in supplemen-
tary debit note no 3240402601, plus interest
thereon, which calculated as above, amounts in
respect of the period from 1 July 2002 until 15 May
2003 to the sum of EUR 798,48, plus an additional
sum of EUR 3,02 per day of additional delay, as
from 16 May 2003, until full payment.

In respect of the Windenery (SME 792-96) contract:
the sum of EUR 3 980, as set out in debit note
no 3240309853, plus interest thereon, which calcu-
lated as above, amounts in respect of the period
from 16 January 2002 until 15 May 2003 to the
sum of EUR 282,23, plus an additional sum of
EUR 0,74 per day of additional delay, as from
16 May 2003, until full payment.

In respect of the Photovoltaïc (SME 1883-98) con-
tract: the sum of EUR 36 000, as set out in debit
note no 3240304674, plus interest thereon, which
calculated as above, amounts in respect of the period
from 1 September 2001 until 15 May 2003 to the
sum of EUR 3 947,18, plus an additional sum of
EUR 7,89 per day of additional delay, as from
16 May 2003, until full payment.

In respect of the Road Transport Industry (DIS 1178-
97) contract: the sum of EUR 36 000, as set out in
debit note no 3240304787, plus interest thereon,
which, calculated as above, amounts in respect of
the period from 1 September 2001 until 15 May
2003 to the sum of EUR 3 947,18, plus an
additional sum of EUR 7,89 per day of additional
delay, as from 16 May 2003, until full payment.

the Altener

In respect of
contract
(DIS 1178-97): the sum of EUR 44 357, as set
out in debit note no 32404408642, plus interest
thereon, which, calculated as above, amounts in

II-Agores

respect of the period from 1 March 2003 until
15 May 2003 to the sum of EUR 577,25, plus an
additional sum of EUR 7,60 per day of additional
delay, as from 16 May 2003, until full payment.

— In the alternative, should the Court consider, contrary
to the applicant’s submission, that the defendant Lior
International n.v. acquired the status of assignee of the
Transport, Photovoltaïc and Agores contracts, order that
company jointly with the other defendants to pay the
sum of EUR 72 000 plus interest as from the due date of
the recovery orders issued for those contracts.

— In any event: order the Grouping and the defendants to
pay the costs of the Commission, including its legal costs.

Pleas in law and main arguments

In accordance with the stipulations in the subsidy contracts
relating to projects selected by the Commission in connection
with certain Community programmes, particularly in the area
of renewable energy sources, the Commission contributes to
the projects contracted up to a percentage of the total eligible
costs stipulated in each of
the individual contracts. The
Commission makes an a posteriori financial contribution of a
percentage of the eligible costs actually incurred and duly
documented for the carrying out of certain selected projects.
Where the financial contribution due for an individual project
is less than the subsidies paid for that project, the contracting
parties must immediately repay the surplus to the Commission.

The defendants are jointly liable to the Commission for the
repayment, as to principal and interest, of the excess amounts
received, both in their capacity as contracting parties and in
their capacity as members of a European Economic Interest
Grouping.

(1) Commission Regulation (Euratom, ECSC, EC) No 3418/93 of
9 December 1993 laying down detailed rules for the implemen-
tation of the Financial Regulation of 21 December 1977 (OJ No
L 315, 16.12.1993, p. 1).

(2) Commission Regulation (EC, Euratom) No 2342/2002 of
23 December 2002 laying down detailed rules for the implemen-
tation of Council Regulation (EC, Euratom) No 1605/2002 on the
Financial Regulation applicable to the general budget of the
European Communities (OJ No L 357, 31.12.2002, p. 1).