CELEX: C2004/059/09
Language: en
Date: 2004-03-06 00:00:00
Title: Case C-523/03: Action brought on 15 December 2003 by the Commission of the European Communities against Biotrast AE, Anonimi Eteria Tekhnologion Aikhmis

C 59/6                  EN                        Official Journal of the European Union                                        6.3.2004
Court taken into account that neither the former rules nor the            Action brought on 16 December 2003 by the Commission
new Regulations include a reference to audits. The audit                  of the European Communities against G. & E. Gianniotis
proposed by ECHO had a discriminatory character in so far as                         EPE, trading as ‘Nosokomio Agia Eleni’
there was no justification given for undertaking such an audit
once the German Foreign Office had confirmed the legal status
of IH as a charitable organisation.                                                                (Case C-524/03)
                                                                                                    (2004/C 59/10)
(1) OJ C 31, 8.2.2003, p. 21.
(2) of the Council, of 20 June 1996, concerning humanitarian aid (OJ
    L 163, 2.7.1996, p. 1).
                                                                          An action against G. &. E. Gianniotis EPE, trading as ‘Nosoko-
                                                                          mio Agia Eleni’ was brought before the Court of Justice of
                                                                          the European Communities on 16 December 2003 by the
                                                                          Commission of the European Communities, represented by
                                                                          Dimitri Triandafilou of its Legal Service, assisted by Nicolao
                                                                          Korogiannakis, of the Athens Bar, with an address for service
                                                                          in Luxembourg.
Action brought on 15 December 2003 by the Commission
of the European Communities against Biotrast AE, Anoni-
               mi Eteria Tekhnologion Aikhmis                             The applicant claims that the Court should order the defendant:
                                                                          (a)   to pay the amount of EUR 236 977,73, comprising the
                          (Case C-523/03)
                                                                                principal sum of EUR 212 010,17 and daily interest of
                                                                                EUR 24 697,76 from the date of each debit note until
                           (2004/C 59/09)                                       31 October 2003;
                                                                          (b) to pay interest in the amount of EUR 42,16 per day as
                                                                                from 31 October 2003 until payment in full of the debt;
An action against Biotrast AE, Anonomi Eteria Tekhnologion
Aikhmis, was brought before the Court of Justice of the                   (c)   to pay the costs.
European Communities on 15 December 2003 by the Com-
mission of the European Communities, represented by Dimitris
Triantafillou, of its Legal Service, and by Nikolaos Koroyian-
nakis, of the Athens Bar, with an address for service in                  Pleas in law and main arguments
Luxembourg. The applicant claims that the Court should:
                                                                          (a)   Liability to repay the amount unduly paid by the Com-
                                                                                mission;
order the defendant:
                                                                          (b) Date on which interest became payable.
(a)   to pay the amount of EUR 730 726,81, representing a
      capital sum of EUR 661 838,82 and daily interest of EUR
      68 887,99, from the date on which the debit note fell
      due with interest at 4,77 % until 31.12.2002 and 6,77 %
      from 11.2003;
(b) to pay interest in the amount of EUR 122,75 per day
      from 31.10.2003 until the debt is repaid in full;                   Action brought on 16 December 2003 by the Commission
                                                                          of the European Communities against the Italian Republic
(c)   to pay the costs.
                                                                                                   (Case C-525/03)
Pleas in law and main arguments                                                                     (2004/C 59/11)
(a)   There is an obligation to repay the amount unduly paid
      by the Commission.
                                                                          An action against the Italian Republic was brought before the
(b) The date on which interest became payable.                            Court of Justice of the European Communities on 16 December
                                                                          2003 by the Commission of the European Communities,
                                                                          represented by Klaus Wiedner and Claudio Loggi, acting as
                                                                          Agents.