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Case T-435/10: Order of the General Court of 31 August 2011 — IEM v Commission (Action for annulment — Fourth framework programme for research, technological development and demonstration — Application for the reimbursement of sums paid in advance under a research financing contract — Arbitration clause — Letter notifying the issuing of a debit note — Reminder letter — Acts inseparable from the contract — Inadmissibility)

ECLI:EU:UNKNOWN:62010TB0435

62010TB0435

August 31, 2011
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29.10.2011

Official Journal of the European Union

C 319/21

(Case T-435/10)(*1)

(Action for annulment - Fourth framework programme for research, technological development and demonstration - Application for the reimbursement of sums paid in advance under a research financing contract - Arbitration clause - Letter notifying the issuing of a debit note - Reminder letter - Acts inseparable from the contract - Inadmissibility)

2011/C 319/45

Language of the case: Greek

Parties

Applicant: IEM — Erga — Erevnes — Meletes perivallontos kai chorotaxias AE (Athens, Greece) (represented by: N. Sofokleous, lawyer)

Defendant: European Commission (represented by: D. Triantafyllou and A. Sauka, Agents)

Re:

Action, first, for the annulment of the Commission's letter of 7 May 2010 notifying the applicant of the issuing of a debit note for the reimbursement of the sum of EUR 105 416,47, corresponding to the sums paid in advance to the applicant by Parthénon AE Oikodomikon — Technikon — Touristikon — Viomichanikon — Emporikon kai Exagogikon Ergasion pursuant to Contract FAIR-CT98-9544 concluded in the context of the fourth framework programme for research, technological development and demonstration and, second, for the annulment of the Commission's letter of 14 July 2010 reminding the applicant of the principal outstanding sum, claimed in debit note No 3241004968.

Operative part of the order

1.The action is dismissed as inadmissible.

2.IEM — Erga — Erevnes — Meletes perivallontos kai chorotaxias AE is ordered to pay the costs.

(*1)

OJ C 346, 18.12.2010.

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