CELEX: C1998/072/38
Language: en
Date: 1998-03-07 00:00:00
Title: Action brought on 11 December 1997 by SUTES SpA and Others against the Commission of the European Communities (Case T-315/97)

C 72/16               EN                 Official Journal of the European Communities                                     7.3.98
                                                   COURT OF FIRST INSTANCE
Action brought on 15 December 1997 by Patrizio Severino             Action brought on 11 December 1997 by SUTES SpA
   against the Commission of the European Communities               and Others against the Commission of the European
                                                                                             Communities
                       (Case T-314/97)
                                                                                           (Case T-315/97)
                         (98/C 72/37)
                                                                                              (98/C 72/38)
                (Language of the case: Italian)                                     (Language of the case: Italian)
An action against the Commission of the European                    An action against the Commission of the European
Communities was brought before the Court of First                   Communities was brought before the Court of First
Instance of the European Communities on 15 December                 Instance of the European Communities on 11 December
1997 by Patrizio Severino, represented by Michele                   1997 by SUTES SpA, Union Beton, Triveneta
Tamburini, Giuseppe E. Cusumano and Franco Colussi, of              Autotrasporti, Roiatti Domenico, Autotrasporti Chiarcossi
the Milan Bar, with an address for service in Luxembourg            Srl, Pontra Srl, Ditta Gualtieri Gianfranco, Udinese
at the Chambers of the latter at 36 Rue de Wiltz.                   Trasporti Srl, Ater Coop., Ecosystem Srl, Smistamento
                                                                    Merci e Portabagagli Scarl, Ditta Tavano Claudio, Trans
                                                                    Est Srl, Cooperativa Friulana Caricatori e Scaricatori,
                                                                    Ditta Manfreda Giovanni, Globaltrans, Autotrasporti
The applicant claims that the Court should:
                                                                    Liberale Srl, Pecile SpA, All Transport Srl, Calligaro
                                                                    Luciano e Carlo Srl, Autotrasporti F.lli Valsecchi, Friulana
                                                                    Gas Srl, Autotrasporti Simcic Adriano SNC, Car Express
Ð ascertain the existence and extent of its credit with the         di Cantarutti Almo, Italsped Srl, Fau SNC, Ditta
     Commission as provided for in Article 7 of Annex 1 to          Chiarcosso Sante, B.P. Transport SAS, Ditta Bazzichetto
     the contract at issue and order the Commission to pay          Giorgio, Trans Friuli Srl, Ditta Bolzon SNC, Immobiliare
     the relevant amount together with interest at the legal        Comuzzi Claudio SNC, Paulon Autotrasporti Srl, Fratelli
     rate and to pay the costs.                                     Zamboni Autotrasporti, represented by Claudio Mussato,
                                                                    of the Udine Bar, with an address for service at his
                                                                    Chambers at 4 Via Dante, Udine.
Pleas in law and main arguments adduced in support:
                                                                    The applicants claim that the Court should:
The applicant entered into the contract (EU s&T FPJ n.
ERB CIPI CT 950027) with the Commission, which                      Ð annul Commission Decision C(97) 2735 final of
provided for the payment of a flat-rate amount                           30 July 1997,
determined on the basis of ECU 10 000 per year per
bursary holder in category 30.
                                                                    Ð in the alternative, annul Article 5 of that Decision
                                                                         inasmuch as it requires the Member State to recover
Since the contract confers jurisdiction on the Community                 the aid (granted as from 1 July 1990), together with
judicature to hear and determine any dispute relating to                 the interest accrued as from the date on which the aid
its performance, the applicant, who holds the view that                  was paid,
Italian law applies, has brought the present action on the
ground of breach of contract.
                                                                    Ð in any event, order the Commission of the European
                                                                         Communities to pay the costs.
The      applicant    considers   in    this    regard   that
notwithstanding the fact that he was a category 30                  Pleas in law and main arguments adduced in support:
bursary-holder from 5 February 1996 to 5 November
1997 at the Institute for Molecular Science, Okazaki
(Japan) and despite repeated requests to the Commission,            The pleas in law and main arguments are similar to those
the defendant has never paid him the flat-rate amount               relied upon in Case T-288/97 Regione Friuli-Venezia
provided for in the abovementioned contract, considering            Giulia v. Commission (1).
himself entitled to an amount corresponding to the 21
months of his bursary studies.
                                                                    (1) OJ C 7, 10.1.1998, p. 25.