Case T-183/06: Action brought on 11 July 2006 — Portuguese Republic v Commission
Date: 2006-09-02
Institutions: Court of First Instance
Subjects: EAGGF Guarantee Section, EU financing, European Commission, Portugal, action for annulment (EU), agricultural expenditure, flax

C 212/36

EN

Official Journal of the European Union

2.9.2006

Action brought on 11 July 2006 — Portuguese Republic v
Commission

Action brought on 14 July 2006 — Commission v Internet
Commerce Network and Dane-Elec Memory

(Case T-183/06)

(2006/C 212/64)

Language of the case: Portuguese

(Case T-184/06)

(2006/C 212/65)

Language of the case: French

Parties

Applicant: Portuguese Republic (Lisbon, Portugal) (represented
by: L.Fernandes, Agent, C.Botelho Moniz, advogado, and E.Maia
Cadete, advogado)

Defendant: Commission

Form of order sought

— Annul the Decision of 28 April 2006 of the Commission of
the European Communities entitled ‘Commission Decision
28/IV/2006 excluding from Community financing certain
expenditure incurred by the Member States under the Guar-
antee Section of the European Agricultural Guidance and
Guarantee Fund (EAGGF)’ in so far as it applies in the case
of Portugal a financial correction of 100 % in the flax
sector, amounting to EUR 3 135 348,71;

— Order the Commission of the European Communities to

pay the costs.

Pleas in law and main arguments

The subject-matter of the action is the decision of the Commis-
sion of the European Communities of 28 April 2006 entitled
‘Commission Decision 28/IV/2006 excluding from Community
financing certain expenditure incurred by the Member States
under the Guarantee Section of the European Guidance and
Guarantee Fund (EAGGF)’ in so far as it applies in the case of
Portugal a financial correction of 100 % in the flax sector,
amounting to EUR 3 135 348,71, in the context of the scheme
introduced by Commission Regulation (EEC) No 1164/89 of
28 April 1989 laying down detailed rules concerning the aid
for fibre flax and hemp (1).

(1) OJ L 121, 29.4.1989, p.4

Parties

Applicant: Commission of the European Communities (Brussels,
Belgium)
(represented by: L. Ström, Agent, assisted by P.
Elvinger, lawyer)

Defendants:
Memory

Internet Commerce Network

and Dane-Elec

Form of order sought by the applicant

The applicant claims that the court should:

— summon the parties and mediate between them; if not

— accept that this application is in due form and declare it

admissible; and

— primarily, order the company Dane-Elec Memory to pay the
Commission the sum of EUR 55 878 with interest for late
payment,
in pursuance of the ‘upon first demand’ guar-
antee;

— in the alternative, order the company ICN to repay the
advance of EUR 55 878 made by the Commission with
interest for late payment, on the ground of non-fulfilment
its contractual undertakings in connection with the
of
Crossemarc project;

— order the unsuccessful party, under Article 69 (2) of the
Rules of Procedure, to pay the costs and expenses of the
proceedings;

— order the interim execution of the judgement to be given,

notwithstanding appeal and without security;

— reserve to the applicant all other rights, pleas in law and
actions, and, in particular, the right to add to its claim for
payment.

Pleas in law and main arguments

The European Community,
represented by the European
Commission, concluded on 28 February 2001 with, among
the company Internet Commerce Network (ICN),
others,
Contract
IST-2000-25366 covering the carrying-out of a
project ‘Cross-lingual Multi Agent Retail Comparison — Crosse-
marc’ in the framework of a programme for research, technolo-
gical development and demonstration technologies of Informa-
tion Society Technologies (IST) 1998-2002 (1). By letter of
guarantee signed on 1 September 2000 Dane-Elec Memory,
ICN's parent company, guaranteed ICN's contractual commit-
ments to the Commission under Contract IST-2005-25366.