CELEX: C2006/224/101
Language: en
Date: 2006-09-16 00:00:00
Title: Case T-179/06: Action brought on 7 July 2006 — Commission of the European Communities v Burie Onderzoek en Advies B.V.

16.9.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 224/48
            
         Action brought on 7 July 2006 — Commission of the European Communities v Burie Onderzoek en Advies B.V.
   (Case T-179/06)
   (2006/C 224/101)
   Language of the case: Dutch
   Parties
   
      Applicant: Commission of the European Communities (represented by: A. Weimar, as Agent, assisted by W.A.M. Rupert, lawyer)
   
      Defendant: Burie Onderzoek en Advies B.V. (Nijeholtpade, Netherlands)
   Form of order sought
   
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               Order the defendant to pay to the Commission the sum of EUR 646 871,28, namely a principal sum of EUR 454 832,62 and EUR 192 039,66 default interest, plus interest at the statutory rate from the date of lodging this application until the date on which the debt has been paid in full;
            
         
               —
            
            
               order the defendant to pay the costs of the judicial and extra-judicial proceedings.
            
         Pleas in law and main arguments
   The European Community, represented by the Commission, concluded two contracts with the defendant and other contractors relating to activities carried out in the framework of research and development in the field of advanced communication technologies in Europe (RACE II — project R2022 Barbara) and telematics applications of common interest (Telepromise program).
   In accordance with the agreement, the Commission carried out an audit. Following the results of that audit, the Commission sent the defendant a debit note. The Commission submits that it follows from the general conditions of the contracts that the defendant is obliged to repay the difference between the agreed costs and the payments already made by the Commission and that this is a case of an undue payment under Article 203 of Book 6 of the Netherlands Civil Code, which applies to the contracts in question.