Judgment of the Court of First Instance of 16 March 2005 in Case T-283/02 EnBW Kernkraft GmbH v Commission of the European Communities (TACIS Programme — Services provided in connection with a nuclear power station in Ukraine — Not paid for — Jurisdiction of the Court of First Instance — Action for compensation — Non-contractual liability)
Date: 2005-05-28
Institutions: Court of First Instance
Subjects: EU programme, European Commission, Ukraine, action for annulment (EU), indemnification, nuclear power station, technical cooperation

C 132/24

EN

Official Journal of the European Union

28.5.2005

JUDGMENT OF THE COURT OF FIRST INSTANCE

JUDGMENT OF THE COURT OF FIRST INSTANCE

of 15 March 2005

of 16 March 2005

in Case T-29/02 Global Electronic Finance Management
(GEF) SA v Commission of the European Communities (1)

(Arbitration clause — Non-performance of contract — Coun-
terclaim)

(2005/C 132/43)

(Language of the case: English)

In Case T-29/02: Global Electronic Finance Management (GEF)
SA, established in Brussels (Belgium), represented by E. Storme
and A. Gobien, lawyers, against Commission of the European
Communities (Agents: R. Lyal and C. Giolito, assisted by J.
Stuyck) — application, based on an arbitration clause within
the meaning of Article 238 EC, for an order that the Commis-
sion pay the sum of EUR 40 693 and issue a credit note in the
sum of EUR 273 516, together with a counterclaim by the
Commission that the applicant should be ordered to reimburse
to it the sum of EUR 273 516, plus default interest at the rate
of 7 % a year as from 1 September 2001 — the Court of First
Instance (First Chamber, Extended Composition), composed of
B. Vesterdorf, President, M.
Jaeger, P. Mengozzi, E. Martins
Ribeiro and F. Dehousse, Judges; J. Plingers, Administrator, for
the Registrar, gave a judgment on 15 March 2005, in which it:

1. Dismisses the applicant's claim for reimbursement of the sum of
for
the

credit note

issue

for

of

a

EUR 40 693 and
EUR 273 516;

in Case T-283/02 EnBW Kernkraft GmbH v Commission
of the European Communities (1)

(TACIS Programme — Services provided in connection with
a nuclear power station in Ukraine — Not paid for — Juris-
diction of the Court of First Instance — Action for compen-
sation — Non-contractual liability)

(2005/C 132/44)

(Language of the case: German)

T-283/02:

EnBW Kernkraft GmbH,

In Case
fomerly
established in
Gemeinschaftskernkraftwerk Neckar GmbH,
Neckarwestheim (Germany), represented by S. Zickgraf, lawyer,
against Commission of the European Communities (Agents: S.
Fries and F. Hoffmeister, with an address for service in Luxem-
bourg) — application for compensation under Article 288 EC
in respect of damage allegedly suffered by the applicant
following failure by the Commission to pay for the services
provided by it under the TACIS programme in relation to the
Zaporozhe nuclear power station (Ukraine) — the Court of
First Instance (Fourth Chamber), composed of H. Legal, Presi-
dent, V. Tiili and V. Vadapalas, Judges; D. Christensen, Admin-
istrator, for the Registrar, gave a judgment on 16 March 2005,
in which it:

2. Upholds the Commission's counterclaim and, consequently, orders
the applicant to pay the Commission the sum of EUR 273 516,
plus default interest, at the annual statutory rate applicable in
Belgium, from 1 September 2001 until full payment of the debt;

1. Dismisses the application;

3. Orders the applicant to pay the costs.

(1) OJ C 118 of 18.5.2002.

2. Orders the applicant to pay the costs.

(1) OJ C 289 of 23.11.2002.