Arbitration clause 1998) Contract concluded in the framework of the specific programme for research and technological development, including demonstration, in the field of industrial and materials technologies (1994 Breach of contract Repayment of balance of advance paid by the Commission
Sumário
Judgment of the Court of First Instance (Eighth Chamber) of 19 November 2008.
Commission of the European Communities v B2 Test SA.
Arbitration clause - Contract concluded in the framework of the specific programme for research and technological development, including demonstration, in the field of industrial and materials technologies (1994-1998) - Breach of contract - Repayment of balance of advance paid by the Commission.
Case T-317/07.
Texto da decisão
Judgment of the Court of First Instance (Eighth Chamber) of 19 November 2008 – Commission v B2 Test
(Case T-317/07)
Arbitration clause – Contract concluded in the framework of the specific programme for research and technological development, including demonstration, in the field of industrial and materials technologies (1994-1998) – Breach of contract – Repayment of balance of advance paid by the Commission
1. Budget of the European Communities – Community financial assistance – Obligation of the beneficiary to comply with the conditions for the grant of assistance (see para. 71)
2. Procedure – Referral to the Court of First Instance under an arbitration clause (Art. 238 EC; Council Decision 94/571) (see paras 74, 82, 90-91, 99-101)
Re:
| APPLICATION under Article 238 EC seeking to obtain repayment of the balance of the advance paid by the European Community, plus late-payment interest thereon, in the framework of the contract BRST-CT-98-5452, and the payment of damages with interest. |
Operative part
The Court:
|
1. |
Orders B2 Test SA to repay to the Commission the principal sum of EUR 43 437.94, increased by late-payment interest at the statutory annual rate applicable in France, from 31 July 2002 until the debt has been paid in full; |
|
2. |
Dismisses the action as to the remainder; |
|
3. |
Orders B2 Test to pay the costs. |