Case C-517/03: Counterclaim submitted in the defence lodged on 17 July 2001 by the Commission in Case T-85/01 Società IAMA Consulting v Commission of the European Communities, pending before the Court of First Instance and referred to the Court of Justice on 2 December 2003 by order of 25 November 2003, as a matter of jurisdiction
Date: 2004-02-21
Institutions: Court of Justice
Subjects: EU financing, EU programme, action for annulment (EU), research and development

21.2.2004

EN

Official Journal of the European Union

C 47/19

Furthermore, there exists no provision of Spanish law which
demands that account should be taken of compliance by a
foreign private security firm, or by its staff, with the guarantees
and requirements imposed in another Member State. As a
result, those are measures which have the effect of discouraging
foreign undertakings that wish to carry on activities in Spain.

(1) Council Directive 89/48/EEC of 21 December 1988 on a general
system for the recognition of higher-education diplomas awarded
on completion of professional education and training of at least
three years’ duration (OJ 1989 L 19, p. 16).

(2) Council Directive 92/51/EEC of 18 June 1992 on a second general
system for the recognition of professional education and training
to supplement Directive 89/48/EC (OJ 1992 L 209, p. 25).

Pleas in law and main arguments

Under Article 23.3 of the contracts, the applicant before the
Court of First Instance, Società IAMA Consulting, is required
to reimburse the Commission for any sums overpaid.

the Community contribution is attributable to
Part of
the expenses incurred by IAMA Consulting before 1 Novem-
in
ber 1997 (and not re-invoiced to IAMA International)
of which
a
LIT
and
LIT 576 432 631 related to the REGIS Project
LIT 337 441 578 to the REFIAG Project.

913 874 209,

amount

total

of

during

The remainder derives from the amendments to expenditure,
made
total of
LIT 185 531 657, of which LIT 60 603 671 related to the
REGIS Project and LIT 124 927 986 to the REFIAG Project.

amounting

to a

audit,

the

Counterclaim submitted in the defence lodged on 17 July
2001 by the Commission in Case T-85/01 Società IAMA
Consulting v Commission of the European Communities,
pending before the Court of First Instance and referred to
the Court of Justice on 2 December 2003 by order of
25 November 2003, as a matter of jurisdiction

(Case C-517/03)

(2004/C 47/30)

Action brought on 9 December 2003 by the Commission
of the European Communities against the Kingdom of
Sweden

(Case C-518/03)

(2004/C 47/31)

On 2 December 2003 the Court of First Instance, by order of
25 November 2003, referred to the Court of
Justice a
counterclaim submitted by the Commission of the European
Communities, represented by Eugenio de March and Alberto
Dal Ferro, acting as Agents, in its defence in Case T-85/01
Società IAMA Consulting v Commission of the European
Communities.

The Commission claims that the Court should:

— Uphold its counterclaim and order Società IAMA Con-
sulting to repay the sum of LIT 1 099 405 866
in accordance with
interest,
(EUR 567 796) plus
Article 94 of Regulation No 341/93;

An action against
the Kingdom of Sweden was brought
before the Court of Justice of the European Communities on
9 December 2003 by the Commission of
the European
Communities, represented by K. Banks and K. Simonsson,
Agents, with an address for service in Luxembourg.

The Commission claims that the Court should:

1.

declare that, by failing to adopt, or to communicate to
the Commission, the laws, regulations and administrative
provisions necessary to implement Directive 98/44/EC (1)
of the European Parliament and the Council of 6 July
1998 on the legal protection of biotechnological inven-
tions, Sweden has failed to fulfil its obligations under that
directive; and

— In any event order Società IAMA Consulting to pay the

costs

2.

order Sweden to pay the costs of the case.