Case T-329/05: Action brought on 26 August 2005 — Movimondo ONLUS v Commission of the European Communities
Date: 2005-08-26
Institutions: Court of First Instance
Subjects: ECHO, EU financing, European Commission, contract, contractual liability, non-governmental organisation

C 257/18

EN

Official Journal of the European Union

15.10.2005

Decision of the Examiner: Rejection of the application in respect
of services in Class 39.

— EUR 150 000,00 relating to the ECHO 9 PALESTINE
together with

project: ECHO/TPS/210/2003/08018,
default interest running from 16 September 2004;

Decision of the Board of Appeal: Dismissal of the appeal.

Pleas in law: Infringement of Article 7(1)(b) of Council Regu-
lation (EC) No 40/94, as it is incorrect that the trade mark
applied for has no distinctive character.

Action brought on 26 August 2005 — Movimondo
ONLUS v Commission of the European Communities

(Case T-329/05)

(2005/C 257/33)

Language of the case: Italian

— EUR 52 500,00 relating to the DIPECHO INDIA
together with

project: ECHO/TPS/210/2003/03005,
default interest running from 24 March 2005;

— EUR 50 865,96 relating to the ECHO LEBANON
together with

project: ECHO/TPS/210/2003/08020,
default interest running from 15 August 2005;

— EUR 119 485,70 relating to the ECHO BAJO YUNA
together with

project: ECHO/CR/BUD/2004/01006,
default interest running from 12 June 2005;

— EUR 28 500,00 payable for

project: ECHO/AGO/BUD/2004/01018,
default interest running from 13 July 2005;

the ECHO RUNDU II
together with

— EUR 70 085 relating to the ECHO SAMANA' project:
together with default

ECHO/DOM/BUD/2004/01001,
interest running from 16 May 2005;

— order the European Commission to pay the costs.

Parties:

The applicant's subsidiary claim is that the Court should:

Applicant: Movimondo ONLUS (Rome, Italy)
(represented by
Paolo Vitali, Giulia Verusio, Gian Michele Roberti and Ales-
sandra Franchi, lawyers)

Defendant: Commission of the European Communities

— annul the decision suspending the time-limits for payment
contained in the letter of 17 June 2005 of Director General
Antonio Cavaco, Humanitarian Aid Office, ECHO 3, Ref. D
6613, concerning the ‘injunction to pay outstanding
payments due to Movimondo’ and, consequently, order the
European Commission to pay Movimondo the
sums
referred to above;

Form of order sought:

The applicant's principal claim is that the Court should:

— declare that the European Commission (ECHO department)
has failed to perform its contractual undertakings as regards
its contractual obligations under
the Grant Agreements
concluded within the ambit of Framework Partnership Agree-
ment No 3-134 and in consequence

— order the European Commission to pay Movimondo the

following sums:

— EUR 36 500,51 relating

project: ECHO/PHL/210/2003/02003,
default interest running from 25 September 2004;

to the MAGUINDANAO
together with

— order the European Commission to pay the costs.

Pleas in law and main arguments:

In this action the principal claim of the applicant organisation
— an international cooperation and solidarity NGO —
pursuant to Article 238 EC, is that the European Commission
should be ordered to pay the sums due under contractual obli-
gations arising out of several Grant Agreements concluded
within the ambit of Framework Partnership Agreement No 3-
134,
in force from 1 December 2003, and concerning the
financing by the European Commission of urgent humanitarian
actions carried out in full and properly accounted for.

15.10.2005

EN

Official Journal of the European Union

C 257/19

Its subsidiary claim pursuant to the fourth paragraph of Article
230 EC is for annulment of the decision suspending the time-
limits for payment contained in the letter of 17 June 2005 of
Director General Antonio Cavaco, Humanitarian Aid Office,
ECHO 3, Ref. D 6613, concerning the ‘injunction to pay
outstanding payments due to Movimondo’ and the decision of
27 July 2005 of Director General Antonio Cavaco, Humani-
tarian Aid Office ECHO 3, Ref. D 8136.

In support of its application for annulment of the decision
suspending the time-limits for payment contained in the letter
of 17 June 2005, the applicant puts forward in particular three
pleas in law.

In the first plea,
it argues that in adopting the decision to
suspend the time-limits for payment in question ECHO's staff
have exercised their authority improperly, taking as the legal
basis for the contested decision Article 106(4) of Regulation
2342/2002, (1) outside the specific situations and purposes
provided for by that provision. In the second, it alleges failure
to state the grounds of the contested decisions, contrary to
Article 253 EC, and to Article 106(4) of Regulation No
2342/2002; last, in its third plea, it alleges a procedural infrin-
gement of Article 106(4) of Regulation No 2342/2002, ECHO's

staff not having informed Movimondo directly of the suspen-
sion order.

In support of its action for annulment of the decision of 27
July 2005, however, the applicant puts forward four pleas in
law.

In the first, the applicant alleges failure to state the grounds of
the contested decision; in the second, it challenges the breach
of the general principle of presumption of
innocence, and
breach of the right to a fair hearing, in that the ECHO staff did
not take steps to inform it of the initiatives they meant to take
regarding it, nor did they give it the opportunity to be heard in
it challenges the breach of
that context.
Article 106(4) of Regulation 2342/2002 and also alleges
misuse of powers by ECHO staff. Last, in the fourth plea, the
applicant alleges breach of the principle of protection of legiti-
mate expectations.

In the third plea,

(1) Commission Regulation (EC, Euratom) No 2342/2002 of 23
December 2002 laying down detailed rules for the implementation
of Council Regulation (EC, Euratom) No 1605/2002 on the Finan-
cial Regulation applicable to the general budget of the European
Communities (OJ L 357 of 31 December 2002).