CHICAGO (AP) – A British wholesaler that Gov. Rod Blagojevich hired to provide thousands of flu vaccine doses for Illinois has filed a complaint demanding nearly $2.6 million that the state’s chief financial officer has refused to pay.

Blagojevich ordered the vaccine from Europe last fall amid fears of a national flu shot shortage. While the state had a contract to buy the doses, it couldn’t import them because the U.S. Food and Drug Administration never approved the European vaccine.

Ecosse Hospital Products Ltd. says the state still owes it for 254,250 doses. It filed a complaint March 16 with the Illinois Court of Claims accusing the state of breach of contract.

State Comptroller Dan Hynes has argued the FDA’s refusal to allow the imports should let the state cancel the contract. He cited a provision that allows termination for “unforeseeable circumstances beyond its reasonable control, including … governmental regulation.”

“We believe we took proper action based on the language of the contract,” Hynes spokesman Alan Henry said.

Ecosse lawyer Stephen Tagge said the complaint was filed in the Illinois Court of Claims because the state’s contract directed that any claim arising from the contract be filed there. He declined to comment further.

A commissioner will be assigned to hear the case and make a recommendation to the court. The state has 60 days to respond to Ecosse’s complaint, said Melissa Merz, spokeswoman for Attorney General Lisa Madigan.

Blagojevich drew national attention in October when he arranged to buy 700,000 doses of flu vaccine overseas amid worries over a U.S. shortage of the vaccine. New York City, Cleveland and New Mexico signed onto the deal, but the FDA never gave its approval to bring the vaccine into the country.

Jordan Barowitz, a spokesman for New York Mayor Michael Bloomberg, said he did not know if Ecosse had filed a complaint against the city, but said the city has not paid Illinois for the flu shots. Officials from Cleveland and New Mexico said Ecosse had not filed complaints against them.