Comunicazioni sulla GU nº T-312/10 of Tribunale di Primo Grado delle Comunità Europee, September 25, 2010
Resolution Date | September 25, 2010 |
Issuing Organization | Tribunale di Primo Grado delle Comunità Europee |
Decision Number | T-312/10 |
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Ricorso presentato il 28 luglio 2010 - ELE.SI.A/Commissione
(Causa T-312/10)
Lingua processuale: l'italiano
Parti
Ricorrente: Elettronica e sistemi per automazione (ELE.SI.A) SpA (Guidonia Montecelio, Italia) (rappresentanti: S. Bariatti, avvocato, P. Tomassi, avvocato, P. Caprile, avvocato)
Convenuta: Commissione europea
Conclusioni della ricorrente
Accertare e dichiarare che ELESIA ha correttamente adempiuto agli obblighi previsti dal Contratto.
Accertare e dichiarare che la Commissione ha violato gli obblighi previsti dal Contratto, non avendo provveduto a corrispondere quanto dovuto per l'attività svolta da ELESIA e avendo domandato la restituzione di quanto già corrisposto.
Per l'effetto condannare la Commissione al pagamento di Euro 83.627,68, oltre interessi, per i costi sostenuti da ELESIA nell'ambito del Progetto e non ancora rimborsati dalla Commissione.
Per l'effetto annullare, revocare - anche attraverso l'emissione di corrispondenti note di credito - o comunque dichiarare l'illegittimità delle note di debito con cui la Commissione ha richiesto la restituzione di quanto già corrisposto a ELESIA e il pagamento dei danni.
In ogni caso, condannare la Commissione al pagamento delle spese processuali.
Motivi e principali argomenti
Il consorzio di cui la società ricorrente nella presente causa è coordinatrice e la Convenuta hanno concluso un contratto riguardante l'adempimento del progetto "I-Way, Intelligent co-operative system in cars for road safety", finanziato con dei fondi stanziati nell'ambito del "Sesto Programma Quadro per la Ricerca e lo Sviluppo Tecnologico".
Considerando che nello sviluppo del progetto in questione...
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