Judgment of the Court (Second Chamber) 21 February 2002 in Case C-416/98: Commission of the European Communities v Nea Energeiaki Technologia EPE (Article 181 of the EC Treaty (now Article 238 EC) — Arbitration clause — Reimbursement of advance payments made under a contract terminated by the Commission for non-performance)
Date: 2002-05-04
Institutions: Court of Justice
Subjects: Community loan, European Commission, Greece, appeal to the Court (EU), redemption, soft energy

4.5.2002

EN

Official Journal of the European Communities

C 109/1

I

(Information)

COURT OF JUSTICE

COURT OF JUSTICE

JUDGMENT OF THE COURT

(Second Chamber)

21 February 2002

in Case C-416/98: Commission of the European Communi-
ties v Nea Energeiaki Technologia EPE (1)

(Article 181 of the EC Treaty (now Article 238 EC) —
Arbitration clause — Reimbursement of advance payments
made under a contract terminated by the Commission for
non-performance)

(2002/C 109/01)

(Language of the case: Greek)

1. Orders Nea Energeiaki Technologia EPE to pay to the
Commission of the European Communities, first, the sum of
GRD 9 498 551 resulting from the agreement concluded
between Nea Energeiaki Technologia EPE and the Commission
sum of
on 27 March 1990, namely
GRD 9 257 051 plus GRD 241 500 in respect of bank
interest, and, second, interest on the principal amount due,
calculated on the basis of the European Investment Bank rate
applicable on 15 July 1985 for the period from 27 March
1990 to 10 December 1998 and on the basis of the statutory
rate under Greek law for the period from 11 December 1998,
the date of service of
the application on Nea Energeiaki
Technologia EPE, until total discharge by the latter of its debt;

the principal

2. Orders Nea Energeiaki Technologia EPE to pay the costs.

(1) OJ C 20 of 23.1.1999.

(Provisional translation; the definitive translation will be published
in the European Court Reports)

JUDGMENT OF THE COURT

19 February 2002

In Case C-416/98, Commission of the European Communities
(Agents: R.B. Wainwright and O. Couvert-Castéra, assisted by
M. Bra, avocat, and K. Kapoutzidou, dikigoros) v Nea Energeiaki
Technologia EPE, established in Athens (Greece)
(Agent:
G. Papacharalampous, dikigoros): Application by the Com-
mission under Article 181 of the EC Treaty (now Article 238
EC) for repayment of an advance granted by it to the defendant
in relation to a contract concerning the implementation, and
practical demonstration, of a pilot programme for wind-
generated energy entitled ‘Kea Island’, which provided for the
setting-up of a wind energy converter on a Greek island, the
Court (Second Chamber), composed of: N. Colneric, President
of the Chamber, V. Skouris (Rapporteur) and J.N. Cunha
Rodrigues, Judges; P. Léger, Advocate General; L. Hewlett,
Administrator, for the Registrar, has given a judgment on
21 February 2002, in which it:

in Case C-35/99 (Reference for a preliminary ruling from
the Pretore di Pinerolo): Manuele Arduino (1)

(Compulsory tariff for fees of members of the Bar —
Decision of the National Council of the Bar — Approval by
the Minister for Justice — Articles 5 and 85 of the EC Treaty
(now Articles 10 EC and 81 EC)

(2002/C 109/02)

(Language of the case: Italian)

(Provisional translation; the definitive translation will be published
in the European Court Reports)

In Case C-35/99: Reference to the Court under Article 177 of
the EC Treaty (now Article 234 EC) by the Pretore di Pinerolo