21.6.2008   

EN

Official Journal of the European Union

C 158/17


Order of the Court of First Instance of 10 April 2008 — Imelios v Commission

(Case T-97/07) (1)

(Application for annulment - Action for damages - Fifth framework programme of the Community for research, technological development and demonstration activities (1998-2002) - Arbitration clause - Debit note - Inadmissible)

(2008/C 158/26)

Language of the case: French

Parties

Applicant: Imelios SA (Velizy-Villacoublay, France) (represented by: C. Curtil, lawyer)

Defendant: Commission of the European Communities (represented by: C. Ladenburger and E. Manhaeve, agents)

Re:

First, application for annulment of the decision adopted by the Commission following an audit report by the European Anti-Fraud Office (OLAF) to recover, by way of the debit note of 17 January 2007, payments made in the framework of the contract, reference number IST-1999-10934-Assist relating to the ‘Knowledge for Help Desk Operators’ programme, concluded in the context of the Fifth Framework Programme of the Community for research, technological development and demonstration activities (1998-2002) in the field of user-friendly information, second, a request for payment of EUR 34 368 in respect of an instalment of a grant still to be paid under the contract and, third, a claim for compensation for damage allegedly suffered by the applicant as a result of that decision.

Operative part of the order

1.

The action is dismissed.

2.

Imelios SA is to bear its own costs and pay those incurred by the Commission.


(1)  OJ C 129, 9.6.2007.