Case T-391/05: Action brought on  24 October 2005  — Commission/Reagecon Diagnostics
Date: 2005-12-24
Institutions: Court of First Instance
Subjects: European Commission, contract, indemnification, research project

24.12.2005

EN

Official Journal of the European Union

C 330/25

Action brought on 24 October 2005 — Commission/
Reagecon Diagnostics

(Case T-391/05)

(2005/C 330/60)

Language of the case: English

Parties

Applicant(s): Commission of the European Communities [repre-
sented by: L. Flynn, agent]

Defendant(s): Reagecon Diagnostics Ltd

Form of order sought

— Condemn the defendant to pay to the Commission

— a) the sum of 169 658,65 Euros (one hundred and
sixty nine thousand, six hundred and fifty eight
Euros
corresponding to
161 953,99 Euros as the amount due and 7 704,66
Euros as late payment interest as of 21 October
2005, at a rate of 5,53 %;

and sixty five

cents),

— b) the sum of 24,53714 Euros per day by way of
interest, at a rate of 5,53 %,
from 16 November
2005 until the date on which the debt is repaid in
full;

— condemn the defendant to pay the costs of the present

action.

Pleas in law and main arguments

The European Community,
represented by the European
Commission, concluded with the defendant contract no MAS3-
CT-1998-0177 in the context of the specific programme for
research and technological development, including demonstra-
tion, in the field of marine science and technology known as
the ‘MAST III programme’ (1). The contract concerned the
execution of a cooperative research project called ‘Development
and test of an innovative ion selective electrodes monitoring
and control system for total nitrogen in marine waters’, which
was intended to run for 24 months, from 1 December 1998.

The contract provided that the Commission would make a
financial contribution to the relevant project, and an advance
of 268 000 ECU was paid to the defendant on 1 December
1998. A further interim payment of 134 417 EUR was made
on 6 September 2000. The amounts thus paid by the Commis-
sion to the defendant totalled 402 417 EUR.

The Commission audited the contract on 24 and 25 September
2001. The audit concluded that the Commission's contributions
up to that point exceeded 50 % of the costs of the project thus
far. The audit also revealed that the cost statement submitted
by another participant to the project had been signed, irregu-
larly, by the defendant.

On 25 January 2002 the defendant submitted additional cost
statements for the period between 1 December 1999 and 30
November 2000.

The Commission carried out two independent technical reviews
of the project and exchanged correspondence with the defen-
dant on the findings of the audit and those two reviews and
the Commission
the concerns they raised. Following that,
issued a debit note to the defendant, requiring reimbursement
of
the amount of 161 953,99 EUR, being the difference
between the total costs of 240 463,01, accepted by the
Commission and the total amount
the Commission had
previously paid to the defendant.

By its action the Commission seeks repayment of the above-
mentioned amount, together with interest thereon, in accord-
Ireland, which is applicable to the
ance with the law of
contract.

(1) Decision of the Council no 94/804/CE, of 23 November 1994, JO L

334 p. 59.

Order of the Court of First Instance of 20 October 2005
— Comitato ‘Venezia Vuole Vivere’ v Commission

(Case T-265/00) (1)

(2005/C 330/61)

Language of the case: Italian

The President of the Second Chamber (Extended Composition)
has ordered that the case be removed from the register.

(1) OJ C 335, 25.11.2000.

Order of the Court of First Instance of 27 October 2005
— Italy v Commission

(Case T-410/04) (1)

(2005/C 330/62)

Language of the case: Italian

The President of the Second Chamber has ordered that the case
be removed from the register.

(1) OJ C 19, 22.1.2005.