Case T-174/08: Action brought on 15 May 2008 — Commission v Cooperação e Desenvolvimento Regional, SA
Date: 2008-05-15
Institutions: Court of First Instance
Subjects: EU aid, EU financing, European Commission, action for annulment (EU), debt, payment, project of common interest

19.7.2008

EN

Official Journal of the European Union

C 183/25

Under the third plea for annulment, the applicant submits that
the contested decision infringes the general principles of legal
certainty, of the protection of legitimate expectations and of the
protection of property. The applicant further contends that it
falls to the Court to rule whether the defendant misused its
powers.

the applicant
Finally, under the fourth plea for annulment,
submits that the defendant did not comply with the principle of
proportionality as regards the corrective measures proposed by
the contested decision.

Action brought on 15 May 2008 — Commission v
Cooperação e Desenvolvimento Regional, SA

(Case T-174/08)

(2008/C 183/48)

The project was set to last for 18 months.

Work was started on the project on 1 January 1996.

The Commission undertook to finance up to 50 % of the total
cost of the project.

On 25 September 1997 the parties agreed to a first revision of
the contract.

the project
The duration of
36 months, with a starting date of 1 January 1996.

increased from 18 months to

On 29 June 1998 the parties agreed to a second revision of the
the project was
contract,
reduced from 36 to 30 months, and the starting date of
1 January 1996 remained unchanged.

following which the duration of

The final costs of the project approved by the Commission were
lower than the advances made by the latter within the context
of contract No SU 1001 (SU) ENCATA.

Language of the case: Portuguese

Consequently, the Commission sought reimbursement of the
advances made in excess of the costs incurred.

Parties

Applicant: Commission of the European Communities (repre-
sented by: M. Afonso, acting as Agent)

Defendant: Cooperação e Desenvolvimento Regional, SA

Form of order sought

The sum owed by the defendant amounts to EUR 63 349,27
plus late payment interest.

For years the Commission has incessantly been reminding the
defendant of its debt and has sent it numerous requests for
payment. The defendant, for its part, has acknowledged its debt
on numerous occasions and has stated its intention to repay it
as soon as possible, but up until now it has not made any
payment whatsoever to the Commission of the debt and the
late payment interest in respect of the advances made in excess
of the framework of the ENCATA project.

— Order the defendant to reimburse the Commission a prin-
sum of

cipal
EUR 28 940,70 in late payment interest until 5 May 2008;

amount of EUR 63 349,27, plus

a

— order the defendant to pay late payment interest from 6 May
2008 at a daily rate of EUR 10,91 until full repayment of
the debt has been made;

— order the defendant to pay the costs.

Pleas in law and main arguments

The present action was brought under Article 238 EC.

Action brought on 9 May 2008 — Liga para a protecção da
natureza v Commission of the European Communities

(Case T-186/08)

(2008/C 183/49)

Language of the case: Portuguese

the project

Within the framework of
‘European Network of
Centres for the Advancement of Telematics in Urban and Rural
Areas’ (ENCATA), the European Community, represented by the
Commission, entered into contract No SU 1001 (SU) ENCATA
with 12 contractors, among which the defendant.

Parties

In accordance with the provisions of that contract the Commis-
sion undertook to grant financial assistance to the group of
contractors, among which the defendant, for the development
of that project.

Applicant: Liga para a protecção da natureza (LPN)
Portugal) (represented by: P. Vinagre e Silva, lawyer)

(Lisbon,

Defendant: Commission of the European Communities