CELEX: C2006/331/84
Language: en
Date: 2006-12-30 00:00:00
Title: Case T-7/05: Judgment of the Court of First Instance of 12 December 2006 — Commission v Parthenon (Arbitration clause — Fourth framework programme of activities in the field of research and technological development and demonstration — Recovery of sums advanced)

30.12.2006   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 331/38
            
         Judgment of the Court of First Instance of 12 December 2006 — Commission v Parthenon
   (Case T-7/05) (1)
   
   (Arbitration clause - Fourth framework programme of activities in the field of research and technological development and demonstration - Recovery of sums advanced)
   (2006/C 331/84)
   Language of the case: Greek
   Parties
   
      Applicant: Commission of the European Communities (represented by: D. Triantafyllou, Agent, assisted by N. Korogiannakis, lawyer)
   
      Defendant: Parthenon AE Ikodomikon — Tekhnikon — Touristikon — Viomikhanikon — Emporikon kai Exagogikon Ergasion (Aigio, Greece) (represented by: A. Masoulas, lawyer)
   Re:
   Action brought pursuant to Article 238 EC for the recovery of sums advanced within the framework of Contract FAIR-CT98-9544, terminated by the Commission for failure by the defendant to perform its contractual obligations.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Orders the defendant, Parthenon AE Ikodomikon — Tekhnikon — Touristikon — Viomikhanikon — Emporikon kai Exagogikon Ergasion, to pay to the Commission the sum of EUR 154 383,53, plus interest at the rate set by the European Central Bank for main refinancing operations, plus 1.5 percentage points for the period from 31 July to 31 December 2002 and plus 2 percentage points as from 1 January 2003 until full and final discharge;
            
         
               2.
            
            
               Dismisses the application as to the remainder;
            
         
               3.
            
            
               Orders the Commission to bear one third of its own costs and to pay one third of the costs of the defendant, and orders the defendant to bear two thirds of its own costs and to pay two thirds of the costs of the Commission.
            
         
      (1)  OJ C 57, 5.3.2005.