CELEX: 62006TJ0179
Language: en
Date: 2009-06-03 00:00:00
Title: Judgment of the Court of First Instance (Fifth Chamber) of 3 June 2009.#Commission of the European Communities v Burie Onderzoek en Advies BV.#Arbitration clause - Contracts concluded under the RACE II programme and a specific programme in the field of telematic applications of common interest - Repayment of part of the advances paid - Jurisdiction of the Court of First Instance - Partial inadmissibility - Principle of sound administration - Counterclaim.#Case T-179/06.

Judgment of the Court of First Instance (Fifth Chamber) of 3 June 2009 – Commission v Burie Onderzoek en Advies
      (Case T-179/06)
      Arbitration clause – Contracts concluded under the RACE II programme and a specific programme in the field of telematic applications of common
         interest – Repayment of part of the advances paid – Jurisdiction of the Court of First Instance – Partial inadmissibility – Principle of sound administration – Counterclaim
      
      Procedure – Referral to the Court of First Instance under an arbitration clause (Art. 238 EC) (see paras 59-62, 100)
      Re: 
      
         
               APPLICATION pursuant to an arbitration clause within the meaning of Article 238 EC seeking an order that Burie Onderzoek en
                  Advies BV repay part of the advances paid by the European Community, together with default interest, in implementation of
                  two financing contracts in the field of advanced communications technologies in Europe and of telematic applications.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Dismisses as inadmissible the action concerning the repayment of advances paid by the Commission under the Barbara (Broad
                     Range of Community Based Telematics Applications in Rural Areas) contract with reference number ‘Project R 2022’ in so far
                     as that action is directed against Burie Onderzoek en Advies BV, on the ground that it is clear that the Court of First Instance
                     has no jurisdiction to take cognisance of the action;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Burie Onderzoek en Advies, under the Telepromise (Telematics to Provide for Missing Services) contract with reference
                     number ‘Project UR 1028’, to pay the Commission the principal sum of EUR 109 535.62 plus default interest at the applicable
                     statutory rate in the Netherlands from 31 August 2001 until full payment of the debt;
                  
               
            
         
                  3.
               
               
                  
               
               
                  	Dismisses the counterclaim of Burie Onderzoek en Advies; 
               
            
         
                  4.
               
               
                  
               
               
                  	Orders each party to bear its own costs.