Judgment — ECLI:EU:T:2008:592
Date: 2008-12-17
Language of the case: Portuguese
Court formation: Eighth Chamber
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Research and technological development
Concepts: Proceedings relating to a contract
Procedure: Arbitration clause
Origin: Portugal

Judgment of the Court of First Instance (Eighth Chamber) of 17 December 2008 – Commission v Cooperação e Desenvolvimento Regional (Case T-174/08) Arbitration clause – Contract for financial assistance concluded under a specific programme in the field of telematic applications of common interest – Encata Project – Reimbursement of sums advanced – Late‑payment interest – Default procedure Procedure – Referral to the Court of First Instance under an arbitration clause – Contract granting Community financial assistance for carrying out a project in the area of research, technological development and demonstration – Overall financial contribution to the project less than the amount of the sum advanced by the Commission – Right to partial repayment of the advance, plus late-payment interest – Interest rate for delay claimed by the Commission lower than that calculated under the rules of the applicable national law (Art. 238 EC) (see paras 51-59) Re: ACTION under Article 238 EC seeking an order that the defendant reimburse part of the amount advanced by the European Community, together with late-payment interest, under contract SU 1001 (SU) Encata. Operative part The Court: 1. Orders Cooperação e Desenvolvimento Regional, SA to reimburse to the Commission of the European Communities the sum of EUR 63 349.27, together with late-payment interest: – at the rate of 6.29% per annum from 31 January 2001 to the date of the present judgment; – at the annual rate applied under Irish law, that is to say, currently Article 26 of the Debtors (Ireland) Act 1840, as amended, up to the rate of 6.29% per annum from the date of the present judgment to full clearance of the debt. 2. Orders Cooperação e Desenvolvimento Regional to pay the costs.