CELEX: C2002/118/43
Language: en
Date: 2002-05-18 00:00:00
Title: Case T-29/02: Action brought on 13 February 2002 by S.A. Global Electronic Finance Management against the Commission of the European Communities

18.5.2002             EN                     Official Journal of the European Communities                                      C 118/27
Action brought on 13 February 2002 by S.A. Global                       —     There is no proof of any payment having been made in
Electronic Finance Management against the Commission                          error by the Commission.
                of the European Communities
                                                                        —     The Commission communicated for the first time its
                         (Case T-29/02)                                       change of position in respect of acceptance of the project
                                                                              costs only six months after the completion of the project,
                                                                              and three months after the Final Review Report. By so
                        (2002/C 118/43)                                       doing, the defendant did not communicate its objections
                                                                              within a reasonable time.
                  (Language of the case: English)
                                                                        —     The Commission has not complied with the general
                                                                              principles of protection of legitimate expectations, of due
                                                                              process and of execution of a contract ‘in good faith’.
An action against the Commission of the European Communi-
ties was brought before the Court of First Instance of the
European Communities on 13 February 2002 by S.A. Global
Electronic Finance Management, represented by Mr Matthias
E. Storme and Ms Ann Gobien of Keuleneer, Storme, Vanneste,
Van Varenbergh, Verhelst, Brussels (Belgium).
The applicant claims that the Court should:                             Action brought on 22 February 2002 by Ricosmos B.V.
                                                                          against the Commission of the European Communities
—     declare the application admissible and well-founded;
                                                                                                 (Case T-53/02)
—     order the Commission to pay to the applicant the
      equivalent in Euro of the sum of 40 693 ECU;
                                                                                                (2002/C 118/44)
—     declare the Commission’s attempt to recover from the
      applicant the sum of 273 516 ECU unfounded and                                       (Language of the case: Dutch)
      therefore order the Commission to issue a ‘credit note’
      for the amount of 273 516 ECU;
—     order the Commission to pay the costs of the proceedings.         An action against the Commission of the European Communi-
                                                                        ties was brought before the Court of First Instance of the
                                                                        European Communities on 22 February 2002 by Ricosmos
                                                                        B.V., established at Delfzijl (Netherlands), represented by
Pleas in law and main arguments                                         Martijn Hendrik Fleers, Michel Chatelin and Pierre Metzler,
                                                                        lawyers, with an address for service in Luxembourg.
The object of the present application, pursuant to an arbi-
tration clause within the meaning of Article 238 [ex                    The applicant claims that the Court should:
Article 181] of the EC Treaty, is an order requiring the
Commission, representing the European Community, to pay
the Applicant the sum of 40 693 ECU, in respect of the                  (1) annul the Commission’s decision C(2001) 3663 final of
execution of a contract concluded under the ESPRIT-Pro-                       16 November 2001 in Case REM 09/00;
gramme, aiming to stimulate the development of financial
infrastructure, systems and transaction mechanisms necessary            (2) order the Commission to pay the costs.
for the successful growth of electronic commerce within the
European Union. The Law of Belgium is the applicable law.
In support of its conclusions, the applicant submits as follows:        Pleas in law and main arguments
—     It executed its contractual tasks correctly, as stated
      repeatedly by the Commission during the project                   The applicant is the grantee of various customs permits
      execution and confirmed by the final Review Report. The           enabling it to organise Community transit. In that context, the
      amount of the account submitted by the applicant to               applicant organised various shipments of cigarettes to the
      the Commission for payment was justified and well                 Czech Republic under the rules governing external Community
      documented. There should be accordingly no grounds on             transit.In the case of certain of those shipments, dating from
      which the Commission may claim repayment of any                   1994, it subsequently became apparent that fraud had been
      amount.                                                           committed by third parties.