Case C-523/03: Action brought on 15 December 2003 by the Commission of the European Communities against Biotrast AE, Anonimi Eteria Tekhnologion Aikhmis
Date: 2004-03-06
Institutions: Court of Justice
Subjects: European Commission, action for annulment (EU), advanced technology industry, research and development

C 59/6

EN

Official Journal of the European Union

6.3.2004

Court taken into account that neither the former rules nor the
new Regulations include a reference to audits. The audit
proposed by ECHO had a discriminatory character in so far as
there was no justification given for undertaking such an audit
once the German Foreign Office had confirmed the legal status
of IH as a charitable organisation.

(1) OJ C 31, 8.2.2003, p. 21.
(2) of the Council, of 20 June 1996, concerning humanitarian aid (OJ

L 163, 2.7.1996, p. 1).

Action brought on 15 December 2003 by the Commission
of the European Communities against Biotrast AE, Anoni-
mi Eteria Tekhnologion Aikhmis

(Case C-523/03)

(2004/C 59/09)

An action against Biotrast AE, Anonomi Eteria Tekhnologion
Aikhmis, was brought before the Court of Justice of the
European Communities on 15 December 2003 by the Com-
mission of the European Communities, represented by Dimitris
Triantafillou, of its Legal Service, and by Nikolaos Koroyian-
nakis, of the Athens Bar, with an address for service in
Luxembourg. The applicant claims that the Court should:

order the defendant:

(a)

to pay the amount of EUR 730 726,81, representing a
capital sum of EUR 661 838,82 and daily interest of EUR
68 887,99, from the date on which the debit note fell
due with interest at 4,77 % until 31.12.2002 and 6,77 %
from 11.2003;

(b)

to pay interest in the amount of EUR 122,75 per day
from 31.10.2003 until the debt is repaid in full;

(c)

to pay the costs.

Pleas in law and main arguments

(a) There is an obligation to repay the amount unduly paid

by the Commission.

(b) The date on which interest became payable.

Action brought on 16 December 2003 by the Commission
of the European Communities against G. & E. Gianniotis
EPE, trading as ‘Nosokomio Agia Eleni’

(Case C-524/03)

(2004/C 59/10)

An action against G. &. E. Gianniotis EPE, trading as ‘Nosoko-
mio Agia Eleni’ was brought before the Court of Justice of
the European Communities on 16 December 2003 by the
Commission of the European Communities, represented by
Dimitri Triandafilou of its Legal Service, assisted by Nicolao
Korogiannakis, of the Athens Bar, with an address for service
in Luxembourg.

The applicant claims that the Court should order the defendant:

(a)

to pay the amount of EUR 236 977,73, comprising the
principal sum of EUR 212 010,17 and daily interest of
EUR 24 697,76 from the date of each debit note until
31 October 2003;

(b)

to pay interest in the amount of EUR 42,16 per day as
from 31 October 2003 until payment in full of the debt;

(c)

to pay the costs.

Pleas in law and main arguments

(a)

Liability to repay the amount unduly paid by the Com-
mission;

(b) Date on which interest became payable.

Action brought on 16 December 2003 by the Commission
of the European Communities against the Italian Republic

(Case C-525/03)

(2004/C 59/11)

An action against the Italian Republic was brought before the
Court of Justice of the European Communities on 16 December
2003 by the Commission of the European Communities,
represented by Klaus Wiedner and Claudio Loggi, acting as
Agents.