Source: EURLEX
Language: en
Format: md

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| 19.2.2005 | EN | Official Journal of the European Union | C 45/10 |

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JUDGMENT OF THE COURT

(Fourth Chamber)

of 9 December 2004

in Case C-523/03: Commission of the European Communities v Biotrast SA[(1)](#ntr1-C_2005045EN.01001001-E0001)

(Arbitration clause - Recovery of moneys advanced - Interest - Default procedure)

(2005/C 45/19)

Language of the case: Greek

In Case C-523/03 the Commission of the European Communities (Agents: D. Triantafyllou and N. Korogiannakis) v Biotrast S.A., established in Thessaloniki (Greece) – action under Article 238 EC, brought on 15 December 2003 – the Court (Fourth Chamber), composed of K. Lenaerts (Rapporteur), President of the Chamber, J.N. Cunha Rodrigues and K. Schiemann, Judges; P. Léger, Advocate General; R. Grass, Registrar, gave a judgment on 9 December 2004, in which it:

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| 1) | Orders Biotrast SA to pay to the Commission of the European Communities a capital sum of EUR 661 838.82 plus interest at the rate of 4.77 % per year from 31 December 2001 until 31 December 2002, at the rate of 6.77 % per year from 1 January 2003 until the date of the present judgment, and at an annual rate applied under Greek law, now Article 3(2) of Law 2842/2000 on the replacement of the Drachma by the Euro, up to a maximum rate of 6.77 % per year, from the date of the present judgment until the payment of the debt in full. |

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| 2) | Orders Biotrast S.A. to pay the costs. |

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