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Joined Cases T-428/07 and T-455/07: Judgment of the General Court of 17 June 2010 — CEVA v Commission (Arbitration clause — Contracts entered into under a specific research, technological development and demonstration programme in the field of ‘Quality of life and management of living resources (1998-2002)’ — Seahealth and Biopal projects — Debit notes — Applications for annulment — Reclassification of the actions — Admissibility — Rule that the parties should be heard and rights of the defence — Recovery of all the financial contributions paid by the European Union — Serious financial irregularities)

ECLI:EU:UNKNOWN:62007TA0428

62007TA0428

June 17, 2010
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31.7.2010

Official Journal of the European Union

C 209/33

(Joined Cases T-428/07 and T-455/07) (<span class="super">1</span>)

(Arbitration clause - Contracts entered into under a specific research, technological development and demonstration programme in the field of ‘Quality of life and management of living resources (1998-2002)’ - Seahealth and Biopal projects - Debit notes - Applications for annulment - Reclassification of the actions - Admissibility - Rule that the parties should be heard and rights of the defence - Recovery of all the financial contributions paid by the European Union - Serious financial irregularities)

2010/C 209/47

Language of the case: French

Applicant: Centre d'étude et de valorisation des algues SA (CEVA) (Pleubian, France) (represented by: J.-M. Peyrical, lawyer)

Defendant: European Commission (represented by: initially by L. Escobar Guerrero and W. Roels, then by W. Roels, acting as Agents, and E. Bouttier, lawyer)

Re:

Application for annulment, in Case T-428/07, of debit note No 3240908670 of 20 September 2007, relating to the Seahealth project and, in Case T-455/07, of debit note No 3240909271 of 4 October 2007, relating to the Biopal contract, and that the Commission be ordered to reimburse those debit notes in favour of CEVA.

Operative part of the judgment

The Court:

1.Dismisses the actions;

2.Orders each party to bear half of its own costs and half of the costs incurred by the other party.

(<span class="super">1</span>) OJ C 22, 26.1.2008.

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