Case T-256/24: Action brought on 14 May 2024 – RMC-Consulting and Others v Parliament
Date: 2024-05-14
Institutions: General Court
Subjects: claim, deadline for payment, debt, guarantee, interest, invoicing, legal expenses, liability








C_202404601EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/4601


29.7.2024






Action brought on 14 May 2024 – RMC-Consulting and Others v Parliament


(Case T-256/24)

(C/2024/4601)
Language of the case: French

Parties


Applicants: RMC-Consulting Sàrl (Luxembourg, Luxembourg), Felgen & Associés Engineering SA (Luxembourg) and Egis Bâtiments International (Montreuil, France) (represented by: J. Wolter, lawyer)

Defendant: European Parliament

Form of order sought

The applicants claim that the Court should:






—


order the European Parliament to pay the abovementioned applicants the amount of EUR 4 998 850,54, in principle to be increased by late payment interest on each invoice provided for contractually in the event of late payment, that is to say a late payment interest calculated on the basis of the interest rate applied by the European Central Bank to its principal refinancing operations, increased by eight percentage points, the rate prevailing on the first day of the month in which payment was due;










—


declare that late payment interest is to be calculated on each invoice from the due date, namely (i) 2 February 2023 for invoices [confidential], (1) and (ii) for invoice [confidential] from 13 February 2023, until the date of settlement, or from the date of final demand of 20 June 2023, contained in the letter of formal notice of 5 June 2023, or from the application date, until the date of settlement;










—


order the Parliament to return the bank guarantee for proper performance for period 1 in the amount of EUR 466 116;










—


declare that the Parliament is contractually liable or liable in tort or delict under Articles 1382 and 1383 of the Luxembourg Civil Code for the damage caused by its refusal to pay the outstanding invoices and to return the guarantee or by its refusal to negotiate a settlement;










—


order the Parliament to pay the abovementioned applicants EUR 35 855,20 for advanced legal fees;










—


order the Parliament to pay the abovementioned applicants all the expenses incurred for the purposes of the proceedings, under Article 133 of the Rules of Procedure of the General Court, which it would be unfair to let them bear alone having regard to the defendant’s attitude which led to the dispute;










—


order the Parliament to pay the abovementioned applicants EUR 15 000 for all the expenses necessarily incurred for the purposes of the proceedings, under Article 140 of the Rules of Procedure of the General Court, which it would be unfair to let them bear alone having regard to the defendant’s attitude which led to the dispute.





Pleas in law and main arguments

In support of the action, the applicants rely on five pleas in law.






1.


First plea in law, alleging non-performance of contractual obligations on the part of the Parliament, on the ground that the latter is required pay the applicants, pursuant to contractual provisions, for the services they provided.










2.


Second plea in law, based on the amounts invoiced. The applicants claim that all the invoices had been the subject of discussions between the parties and the amounts were not disputed.










3.


Third plea in law, alleging a lack of proof of any non-performance of contractual obligations on the part of the applicants.










4.


Fourth plea in law, concerning the request for the return of the proper performance guarantee. The applicants demand the release of the proper performance guarantee in the amount of EUR 466 116.










5.


Fifth plea in law, concerning the harm suffered by the applicants, who are of the view that the misconduct or negligence on the part of the Parliament make it liable either contractually or in tort or delict under Articles 1382 and 1383 of the Luxembourg Civil Code.






(1)  Confidential information redacted.


ELI: http://data.europa.eu/eli/C/2024/4601/oj
ISSN 1977-091X (electronic edition)