Dear Communications Networks, Content and Technology (CNECT),

The application under Regulation No 1049/2001 concerns DG INFSO and DG CONNECT Decisions for the recovery of unduly paid amounts, or the waiving of recovery orders due either to the age of the debt or the insolvency of the debtor.

Each Decision below is clearly identified. Each request is sequentially numbered.

****

I. C(2013)4870/F1, 23/07/2013, COMMISSION DECISION relating to the recovery of a total amount of EUR 324 641.66 plus interest due by SSM Computer Systems Limited

R1. The Commission Decision

R2. The Debit Note(s) referred to in the Decision

R3. The Financial Statement(s) with which the economic operator justified the claimed subsidies and are associated with the Debit Note(s)

II. C(2007)2239/1, 23/05/2007, Draft Commission Decision waiving of recovery of the established amount receivable due to the insolvency of the debtor (Hitec Modern Technology and Computer Applications s.a.) … amount of 180 683,00 euros

R4. The draft Commission Decision

R5. The Debit Note(s) referred to in the Decision

R6. The Financial Statement(s) with which the economic operator justified the claimed subsidies and are associated with the Debit Note(s)

III. C(2012)4538/-, 27/06/2012, Decision de la Commission relative au recouvrement de la somme de EUR 516 324,33 dans le cadre des projets PC7 216088 POCEMON, PC7 216461 CHRONIOUS et PC7 216480 Smart-Vei

R7. The draft Commission Decision, if possible in English

R8. The Debit Note(s) referred to in the Decision

R9. The Financial Statement(s) with which the economic operator justified the claimed subsidies and are associated with the Debit Note(s)

It is noted that I am NOT requesting the final Decision in German.

IV. C(2012)4537, 27/06/2012, Decision de la Commission relative au recouvrement de la somme EUR 623 777,84 plus interets due par SESA Commerce HandelsGmbH dans le cadre des projets PC6 033506 ANGEL, PC6 507960 NOESIS et ETEN-517362 Pharmacov

R10. The draft Commission Decision, if possible in English

R11. The Debit Note(s) referred to in the Decision

R12. The Financial Statement(s) with which the economic operator justified the claimed subsidies and are associated with the Debit Note(s)

It is noted that I am NOT requesting the final Decision in German.

V. C(2013)8032/F1, 25/11/2013, COMMISSION DECISION on waiving recovery of the amount receivable of EUR 115 250.27 … recovery order n°3240401738 and of the amount receivable of EUR 219 125.22 … recovery order n°3240401607 established by the European Commission (Communications Networks, Content and Technology DG) owed by ATM GROUP EUROPE AB

R13. The Commission Decision. In case there is a draft Decision in English, the draft is also kindly requested

R14. The Debit Note(s) referred to in the Decision

R15. The Financial Statement(s) with which the economic operator justified the claimed subsidies and are associated with the Debit Note(s)

VI. C(2013)1278/1, 01/03/2013, Décision de la Commission relative à la renonciation au recouvrement de la créance d’un montant de 454 832.62 EUR… de BURIE ONDERZOEK EN ADVIES BV et enregistrée par les ordres de recouvrement n° 3230305013 et n°3240011082

R16. The Commission Decision. In case there is a draft Decision in English, the draft is also kindly requested

R17. The Debit Note(s) referred to in the Decision

R18. The Financial Statement(s) with which the economic operator justified the claimed subsidies and are associated with the Debit Note(s)

VII. C(2012)552/1, 01/02/2012, Décision de la Commission relative à la renonciation au recouvrement de la créance d'un montant de 106 100 EUR … à la charge de Sistemas y Tratamiento de Información SA (STI) et enregistrée par l'ordre de recouvrement n° 3240702379

R19. The Commission Decision. In case there is a draft Decision in English, the draft is also kindly requested

R20. The Debit Note(s) referred to in the Decision

R21. The Financial Statement(s) with which the economic operator justified the claimed subsidies and are associated with the Debit Note(s)

VIII. C(2011)3938/F1, 31/05/2011, ΑΠΟΦΑΣΗ ΤΗΣ ΕΠΙΤΡΟΠΗΣ της 30.5.2011 για την ανάκτηση, εντόκως, συνολικού ποσού 80 697,82 ευρώ το οποίο οφείλει η ΕΛΛΗΝΙΚΗ ΚΑΤΑΝΑΛΩΤΙΚΗ ΟΡΓΑΝΩΣΗ (Ε.ΚΑΤ.Ο) σε σχέση με το έργο SIAP2003AN14 SafeNetHome 28973 …. εντάλματος είσπραξης αριθ. 3230901253 …

R22. The Commission Decision. In case there is a draft Decision in English, the draft is also kindly requested

R23. The Debit Note(s) referred to in the Decision

R24. The Financial Statement(s) with which the economic operator justified the claimed subsidies and are associated with the Debit Note(s)

***

It is submitted that article 4(2) first indent of Regulation No 1049/2001 is not applicable to the requested documents. The reasons are outlined below:

1. The total debt was disclosed by the Commission.

2. The Debit Notes merely disclose the amounts to be reimbursed and the legal basis, which for the notes at issue is typically due to a contractual infringement(s). Put differently, the Debit Notes merely break down into smaller amounts the total debt referred to in the published title of the Decision.

3. The financial statements correspond to the Debit Notes.

4. The research projects of the economic operators is public information.

5. For legal entities truck from the commercial register, their commercial interests are non-existing, because the legal persons no longer exist.

Furthermore, in cases where the Commission duly adopts a Decision under article 299 TFEU, or waives a recovery order, and its title is entered in the public register of Commission documents, it follows that the Commission has exhausted all necessary contractual means to recover the debt, a process normally lasting for several years. It means that the debtor has manifestly prejudiced the financial interests of the Union.

In these particular circumstances, there is no legitimate commercial interest worth protecting by partially releasing the requested documents. On the contrary, the financial transparency considerations and the right of citizens to scrutinise the use of public funds dictate the full disclosure of the documents.

Finally, this application does not request the transfer of personal data of the staff of the economic operators.

Yours faithfully,

Mr. Orestis BEKAS

Dear Communications Networks, Content and Technology (CNECT),

Thank you for your letter of 17/3/2014, Ares(2014)758351 GestDem – Ref GestDem No 2014/856.

The proposal of DG CNECT to release documents in successive stages is accepted. The preferred priority order is set out below.

I. FIRST PRIORITY
The Financial Statement(s), that is to say, requests R3, R6, R9, R12, R15, R18, R21, R24.

It is clarified that these 8 individual requests include: (i) the documents signed by the contractor/beneficiary; (ii) the certificates issued by the statutory auditors, with which these auditors had certified that the claimed costs were properly recorded in the statutory accounts of the contractor/beneficiary.

II. SECOND PRIORITY
The debit notes, that is to say, requests R2, R6, R9, R12, R15, R18, R21, R24.

III. THIRD PRIORITY
The Commission Decisions, that is to say, requests R1, R4, R7, R10, R13, R16, R19, R21.

I would like to take this opportunity to submit to DG CNECT that the identity of the contractor/beneficiary is not to be expunged from the requested documents, because the Commission Decisions have disclosed to the public the identity of the legal person.

Yours faithfully,

Mr. Orestis BEKAS