Judgment — ECLI:EU:T:2007:29
Date: 2007-02-01
Language of the case: Italian
Court formation: Fourth 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 - successful
Origin: Italy

Judgment of the Court of First Instance of 1 February 2007 - Commission v IAMA Consulting (Case T-242/04) 1 (Esprit Programme - Community financing - Counterclaim brought pursuant to an arbitration clause - Reimbursement of excessive amounts of aid paid by the Commission) Language of the case: Italian Parties Applicant: Commission of the European Communities (represented by: E. de March, acting as Agent, and A. Dal Ferro, lawyer) Defendant: IAMA Consulting Srl (Milan, Italy) (represented by: initially by V. Salvatore, then P. Sorteni, lawyers) Re: Application by the Commission for an order that IAMA Consulting Srl reimburse the amount that the Commission unduly paid to it in the course of the performance of the Regis 22337 contract and the Refiag 23200 contracts, which are covered by the Community's Esprit Programme. Operative part of the judgment The Court: Orders IAMA Consulting Srl to pay the Commission the sum of EUR 31 757 together with default interest of EUR 4.78530 per day from 16 May 2004 until payment of the final balance, relating to the Refiag contract, from which the sums paid to date by IAMA are to be deducted, and the sum of EUR 164 345, together with default interest of EUR 24.76432 per day from 16 May 2004 until payment of the final balance, relating to the Regis contract, from which the payments made by IAMA to date are to be deducted. Orders IAMA Consulting to bear its own costs and to pay half of the costs incurred by the Commission. Orders the Commission to bear half of its own costs. ____________ 1 - OJ C 47 of 21.2.2004.