12.9.2009

EN

Official Journal of the European Union

C 220/34

(Case T-259/09)

2009/C 220/73

Language of the case: Italian

Parties

Applicant: Commission of the European Communities (represented by M. Moretto, lawyer, and A.M. Rouchaud-Joët and N. Bambara, Agents)

Defendant: Arci Nuova Associazione Comitato di Cagliari (Cagliari, Italy), Alberto Gessa (Cagliari, Italy)

Form of order sought

—An order that Arci Nuova Associazione Comitato di Cagliari and Alberto Gessa should, in their personal capacities and jointly and severally, repay the principal sum of EUR 15 675,00 owing, together with default interest at the rate of 7,32 %, running from 20 May 2007 until full and final payment of the sum owed;

—an order that Arci Nuova Associazione Comitato di Cagliari and Alberto Gessa should, in their personal capacities and jointly and severally, pay the costs.

Pleas in law and main arguments

By this action the applicant seeks an order that the abovementioned association and, jointly, its chairman, should pay a sum equivalent to the advance paid by the applicant for performance of the action ‘ONG-2003-204-Cagliari-ARCI-l’Europa dei Migranti’. That action consists of a series of IT and documentation activities in the languages of the various countries of provenance, relating to the European institutions, the decision-making process, the stages in building and enlarging Europe, for the purpose of making the integration of migrants easier.

The agreement imposed an obligation to send, within a certain period, the final report regarding the performance of the action, the final financial accounts of the eligible costs actually incurred, and the full statement of the income and expenditure relating to the action.

That obligation not having been fulfilled, the Commission has decided to bring this action.