2.4.2005   

EN

Official Journal of the European Union

C 82/31


Action brought on 24 December 2004 by Commission of the European Communities against IIC Informations-Industrie Consulting GmbH

(Case T-500/04)

(2005/C 82/59)

Language of the case: German

An action against IIC Informations-Industrie Consulting GmbH, Königswinter (Germany), was brought before the Court of First Instance of the European Communities on 24 December 2004 by the Commission of the European Communities, represented by G. Braun, W. Wils and N. Knittlmayer, acting as Agents, with an address for service in Luxembourg.

The applicant claims that the Court should:

1.

order the defendant to pay to the applicant EUR 181 236,61 together with interest at 4 % as from 1 November 1998;

2.

order the defendant to pay the costs of the proceedings.

Pleas in law and main arguments

In 1996 the applicant concluded with the defendant two contracts in which the applicant undertook to grant the defendant financial aid for the implementation of two trans European cultural projects. The financial aid was intended to cover 50 % of the defendant's project costs in so far as those costs were incurred and claimed in a contractually permissible manner. In 1997, on the basis of those contracts, the defendant received a sum totalling DM 400 821 (EUR 204 936,52) as an advance payment of the total financial aid.

Following completion of the projects, the defendant claimed from the applicant purported project costs, the amount of which it intended to deduct from the financial aid paid in advance. However, the applicant carried out a check and came to the conclusion that the defendant was entitled only to financial aid totalling DM 46 300,18 (EUR 23 672,91) for both projects. The applicant therefore claims repayment of the remaining sum of EUR 181 263,61 (DM 354 520,82).