Acórdão do Tribunal de Primeira Instância da União Europeia
Processo T-174/08

Judgment of the Court of First Instance (Eighth Chamber) of 17 December 2008 – Commission v Cooperação e Desenvolvimento Regional

(Case T-174/08)

Arbitration clause – Contract for financial assistance concluded under a specific programme in the field of telematic applications of common interest – Encata Project – Reimbursement of sums advanced – Late‑payment interest – Default procedure

Procedure – Referral to the Court of First Instance under an arbitration clause – Contract granting Community financial assistance for carrying out a project in the area of research, technological development and demonstration – Overall financial contribution to the project less than the amount of the sum advanced by the Commission – Right to partial repayment of the advance, plus late-payment interest – Interest rate for delay claimed by the Commission lower than that calculated under the rules of the applicable national law (Art. 238 EC) (see paras 51-59)

Re:

Operative part

The Court:

– at the rate of 6.29% per annum from 31 January 2001 to the date of the present judgment;

– at the annual rate applied under Irish law, that is to say, currently Article 26 of the Debtors (Ireland) Act 1840, as amended, up to the rate of 6.29% per annum from the date of the present judgment to full clearance of the debt.