Arbitration clause Default interest Contract concerning a project for the development of a technology for the production of waterproof leathers Failure to perform the contract Reimbursement of sums advanced Referral back to the General Court after annulment Default proceedings
Sumário
Judgment of the General Court (Fourth Chamber) of 8 September 2010.
European Commission v Efrosyni Alexiadou.
Arbitration clause - Contract concerning a project for the development of a technology for the production of waterproof leathers - Failure to perform the contract - Reimbursement of sums advanced - Default interest - Referral back to the General Court after annulment - Default proceedings.
Case T-312/05.
Texto da decisão
Judgment of the General Court (Fourth Chamber) of 8 September 2010 – Commission v Alexiadou
(Case T-312/05)
Arbitration clause – Contract concerning a project for the development of a technology for the production of waterproof leathers – Failure to perform the contract – Reimbursement of sums advanced – Default interest – Referral back to the General Court after annulment – Default proceedings
Procedure – Referral to the General Court under an arbitration clause – Contract granting Community financial assistance for a research, technological development and demonstration project (Art. 238 EC) (see paras 41-44, 55-57, 60)
Re:
| ACTION brought by the Commission under Article 238 EC seeking an order for reimbursement of EUR 23 036.31 advanced by the Commission to the defendant under a contract concerning a project for developing a technology for the production of waterproof leathers (Contract G1ST-CT-2002-50227), together with default interest. |
Operative part
The Court:
|
1. |
Orders Efrosyni Alexiadou to repay the sum of EUR 23 036.31 to the European Commission, together with default interest: |
– at the rate of 5.25% per annum from 1 March 2003 to 31 August 2005;
– at the statutory annual rate applicable under Belgian law, with a ceiling of 5.25% per annum, from 1 September 2005 to payment in full of the debt;
|
2. |
Orders Efrosyni Alexiadou to pay the costs. |