CELEX: C2003/070/19
Language: en
Date: 2003-03-22 00:00:00
Title: Case C-29/03: Action brought on 27 January 2003 by Commission of the European Communities against ITEC-Instituto Tecnológico para a Europa Comunitária

C 70/12                EN                       Official Journal of the European Union                                       22.3.2003
than life assurance ( 1), as supplemented and amended by                Pleas in law and main arguments
Second Council Directive 88/357/EEC (2) and Third Council
Directive 92/49/EEC ( 3), and Articles 17 and 18 of First Council
Directive 79/267/EEC on the coordination of laws, regulations           Under Article 7 of the General Conditions of the Contract , the
and administrative provisions relating to the taking up and             Court of First Instance of the European Communities and, on
pursuit of the business of direct life assurance (4), as amended        appeal, the Court of Justice of the European Communities have
and supplemented by Second Council Directive 90/619/EEC (5)             jurisdiction in any action concerning the validity, application
and Third Council Directive 92/96/EEC (6), may the national             and interpretation of the contract.
legislature provide that, where an insurance company is the
subject of insolvency proceedings, is put into liquidation or is
otherwise in a state of insolvency, claims arising from an              Since the abovementioned amounts, overpaid by the Com-
employment relationship with it are satisfied from the assets           mission, have not been repaid, the defendant failed to fulfil its
which are included in its technical provisions in preference to         obligations under the contract.
claims of persons entitled to an insurance payment and of
successors to all or certain of their rights?
( 1) OJ L 228 of 16.08.1973, p. 3.
( 2) OJ L 172 of 04.07.1988, p. 1.
( 3) OJ L 228 of 11.08.1992, p. 1.
( 4) OJ L 63 of 13.03.1979, p. 1.
( 5) OJ L 330 of 29.11.1990, p. 50.                                     Action brought on 27 January 2003 by Commission
( 6) OJ L 360 of 09.12.1992, p. 1.                                      of the European Communities against ITEC-Instituto
                                                                                   Tecnológico para a Europa Comunitária
                                                                                                (Case C-30/03)
                                                                                                (2003/C 70/20)
Action brought on 27 January 2003 by Commission
of the European Communities against ITEC-Instituto
           Tecnológico para a Europa Comunitária                        An action against ITEC-Instituto Tecnológico para a Europa
                                                                        Comunitária was brought before the Court of Justice of
                                                                        the European Communities on 27 January 2003 by the
                         (Case C-29/03)                                 Commission of the European Communities, represented by
                                                                        G. Braga da Cruz and C. Giolito, acting as Agents, with an
                                                                        address for service in Luxembourg.
                         (2003/C 70/19)
                                                                        The applicant claims that the Court should:
An action against ITEC-Instituto Tecnológico para a Europa              (a)   order the defendant to pay EUR 29 538,01, consisting of
Comunitária was brought before the Court of Justice of the                    EUR 26 105,97 as a capital amount and EUR 3 432,04
European Communities on 27 January 2003 (previously                           by way of interest until 31 December 2002 at the rate
brought before the Court of First Instance on 17 January 2003)                5,25 %;
by the Commission of the European Communities, represented
by G. Braga da Cruz and C. Giolito, acting as Agents, with an           (b)   order payment of EUR 3,75 per diem, by way of interest
address for service in Luxembourg.                                            at the same rate from 31 December 2002 until full
                                                                              payment is made;
The applicant claims that the Court should:
                                                                        (c)   order the defendant to pay the costs.
(a)   order the defendant to pay EUR 69 089,84 consisting of
      EUR 62 236,65 as a capital amount and EUR 6 853,19
      by way of interest until 31 December 2002 at the rate
                                                                        Pleas in law and main arguments
      6,28 %;
(b)   order payment of EUR 10,71 per diem, by way of interest           Under Article 12(2) of the contract, the Court of First Instance
      at the same rate from 31 December 2002 until full                 of the European Communities and, on appeal, the Court of
      payment is made;                                                  Justice of the European Communities have jurisdiction in any
                                                                        action concerning the validity, application and interpretation
(c)   order the defendant to pay the costs.                             of the contract.