CELEX: 62009TJ0246
Arbitration clause
Financing contracts for research and development projects
MEDIS and Dias.Net contracts
Lack of supporting documents and non-compliance with the contractual requirements in respect of some of the declared expenses
Retention of a sum intended for another co-contractor
Reimbursement of sums advanced
Partial inadmissibility of the action
Counterclaim by the Commission
Partial removal of need to adjudicate in relation to the counterclaim

APPLICATION, first, for a declaration that a claim of the Commission of EUR 189 241.64 is unfounded, second, that the Commission
be ordered to issue a ‘credit note’ in that amount and, lastly, that the Commission be ordered to pay damages of EUR 212 597,
principally, and EUR 230 025, in the alternative.
Operative part
The Court:
1.
Dismisses the action brought by the Conseil scientifique international pour le développement des îles (Insula);
2.
Declares that there is no need to adjudicate on the counterclaims submitted by the Commission in so far as they seek a declaration
that Insula be ordered to pay the principal sum due and the interest thereon under the Dias.Net contract;
3.
Orders Insula to pay the Commission the principal sum of EUR 157 983.11, increased by default interest at the rate of 2.75%
per annum, from 16 May 2009 until full payment of that principal sum;
4.
Orders Insula to bear its own costs and to pay those incurred by the Commission, including those relating to the procedure
for interim relief.