Judgment — ECLI:EU:T:2003:163
Date: 2003-06-11
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Public procurement in the European Union
Concepts: Proceedings relating to a contract
Procedure: Arbitration clause - successful;Arbitration clause - application inadmissible
Origin: Austria

Summary of the Judgment 
Procedure — Reference to the Court of First Instance on the basis of an arbitration 
clause — Commission ordered to pay part of the outstanding balance under a contract for 
works, together with interest for late payment 
(Art. 23 S EC) 
II-2117 
SUMMARY — CASE T-93/01 
Where the Commission has been ordered to 
pay interest for late payment on a sum due 
in accordance with the terms of a contract 
subject to the jurisdiction of the Court of 
First Instance by virtue of an arbitration 
clause, and that interest relates to a period 
beginning before 1 January 1999, the rate 
of that interest may be fixed at 8% per 
annum in respect of the period before 1999 
and, from 1999 onwards, be calculated on 
the basis of the rate set by the European 
Central Bank for capital refinancing oper­
ations in force during the various phases of 
the period concerned, increased by two 
percentage points. 
(see paras 77-78, and operative part, para. 
2 ) 
II-2118