CELEX: 62009TJ0051
Arbitration clause
Programme concerning the promotion of energy technologies for Europe (Thermie)
Contract concerning the project for the building in Umbertide (Italy) of an electricity generating plant using an innovative agro-forestry biomass combustion technology
Substantial amendment to the conditions for performance of the contract
Termination
Reimbursement of sums paid
Interest

ACTION brought by the Commission under Article 238 EC seeking an order that Antiche Terre reimburse the sums paid by the Community
in performance of contract no BM/188/96 of 23 December 1996, concluded with three companies, including Antiche Terre, under
the Thermie programme.
Operative part
The Court:
1.
Orders Antiche Terre Soc. Coop. rl Società Agricola to pay the European Commission the sum of EUR 479 332.40, together with
late-payment interest at the Italian statutory rate, calculated in accordance with the rates applicable from 4 January 2004
until payment in full of the debt, after deduction of the sum of EUR 461 979 recovered by the Commission following the implementation
on 25 January 2005 of the bank guarantee of which it was beneficiary;
2.
Dismisses the remainder of the action;
3.
Orders Antiche Terre to pay the costs.