CELEX: 62006TJ0179
Arbitration clause
Contracts concluded under the RACE II programme and a specific programme in the field of telematic applications of common interest
Repayment of part of the advances paid
Jurisdiction of the Court of First Instance
Partial inadmissibility
Principle of sound administration
Counterclaim

APPLICATION pursuant to an arbitration clause within the meaning of Article 238 EC seeking an order that Burie Onderzoek en
Advies BV repay part of the advances paid by the European Community, together with default interest, in implementation of
two financing contracts in the field of advanced communications technologies in Europe and of telematic applications.
Operative part
The Court:
1.
Dismisses as inadmissible the action concerning the repayment of advances paid by the Commission under the Barbara (Broad
Range of Community Based Telematics Applications in Rural Areas) contract with reference number ‘Project R 2022’ in so far
as that action is directed against Burie Onderzoek en Advies BV, on the ground that it is clear that the Court of First Instance
has no jurisdiction to take cognisance of the action;
2.
Orders Burie Onderzoek en Advies, under the Telepromise (Telematics to Provide for Missing Services) contract with reference
number ‘Project UR 1028’, to pay the Commission the principal sum of EUR 109 535.62 plus default interest at the applicable
statutory rate in the Netherlands from 31 August 2001 until full payment of the debt;
3.
Dismisses the counterclaim of Burie Onderzoek en Advies;
4.
Orders each party to bear its own costs.