30.8.2008

EN

Official Journal of the European Union

C 223/50

(Case T-238/08)

(2008/C 223/88)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented by: L. Escobar Guerrero, acting as Agent, and E. Bouttier, lawyer)

Defendant: Commune de Valbonne

Form of order sought

—Order the Commune de Valbonne, represented by its current mayor, to pay the applicant the sum of EUR 18 619,38 corresponding to the principal sum of EUR 14 261,29 and late-payment interest thereon of EUR 4 358,09 due from 31 May 2008;

—Order the Commune de Valbonne to pay the sum of EUR 5 000 in order to cover the costs the applicant was obliged to incur to recover the debt;

—Order the Commune de Valbonne to pay the costs.

Pleas in law and main arguments

For 1998 and 1999, the Commission concluded, with the Commune de Valbonne (municipality of Valbonne) in France, the municipality of Fermo in Italy and the European Economic Interest Group ARCHI-MED, a research and training contract relating to a mutual education project between the city of Valbonne and the province of Di Ascoli Piceno, called ‘VALASPI MM 1027’.

The municipalities and ARCHI-MED undertook, inter alia, to supply the Commission with a final report. Since they did not supply that report following a letter of formal notice from the Commission, the Commission took the view that the contracting parties had failed to fulfil their obligations under the contract and terminated it, requesting reimbursement of part of the advances paid by the Commission, together with interest.

Faced with ARCHI-MED's insolvency, the Commission seeks an order that the defendant pay the sums due, since the contracting parties were jointly and severally liable to perform the contract.