2.12.2006   

EN

Official Journal of the European Union

C 294/55


Action brought on 26 September 2006 — Commission v TH Parkner

(Case T-266/06)

(2006/C 294/112)

Language of the case: German

Parties

Claimant: Commission of the European Communities (represented by: M. Wilderspin, Agent, and R. van der Hout, lawyer)

Defendant: TH Parkner GmbH (Mühlhausen, Germany)

Form of order sought

Order the defendant to pay to the claimant EUR 64 078,58 plus 6.04 % interest with effect from 1 August 2001 to 31 December 2002 and 8.04 % interest with effect from 1 January 2003;

Order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

The claimant entered into a contract with the defendant concerning the granting of an advance payment for the construction of a central heating plant with a thermo-electric converter (Stirling Motor) in industrial premises in Thuringia within the framework of the promotion of energy technology in Europe (THERMIE programme).

The Commission terminated this contract by letter of 4 December 1995 as the defendant had not used the amount paid to it in a manner consistent with the contract. The present action seeks to effect recovery from the defendant of the final outstanding instalment plus default interest.