CELEX: C2007/247/54
Language: en
Date: 2007-10-20 00:00:00
Title: Case T-184/06: Judgment of the Court of First Instance (Second Chamber) of 12 September 2007 — Commission v Internet Commerce Network and Dane-Elec Memory (Arbitration clause — Contract concluded in the framework of a special programme in the field of information society technologies (Crossmarc project) — Non-performance of the contract — Repayment of the advance paid by the Community — At-first-demand guarantee of the contractual obligations — Default procedure)

20.10.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 247/33
            
         Judgment of the Court of First Instance (Second Chamber) of 12 September 2007 — Commission v Internet Commerce Network and Dane-Elec Memory
   (Case T-184/06) (1)
   
   (Arbitration clause - Contract concluded in the framework of a special programme in the field of information society technologies (Crossmarc project) - Non-performance of the contract - Repayment of the advance paid by the Community - At-first-demand guarantee of the contractual obligations - Default procedure)
   (2007/C 247/54)
   Language of the case: French
   Parties
   
      Applicant: Commission of the European Communities (represented: initially by L. Ström van Lier and subsequently by L. Escobar Guerrero, Agents, assisted by P. Elvinger, lawyer)
   
      Defendants: Internet Commerce Network (Bagnolet, France) and Dane-Elec Memory (Bagnolet)
   Re:
   Action, based on an arbitration clause, for an order that the defendants repay the amount of the advance paid by the Community, and interest for late payment, following the non-performance of Contract No 2000-25366 concluded in the framework of a special programme for research, technological development and demonstration in the field of information society technologies (IST) (1998-2002) concerning the Crossmarc project (Cross-lingual Multi Agent Retail Comparison).
   Operative part of the judgment
   The Court:
   
               1.
            
            
               Orders Dane-Elec Memory to pay to the Commission of the European Communities the principal sum of EUR 55 878 with interest thereon:
               
                           —
                        
                        
                           at the annual rate of 4,75 % from 16 March 2004 to 31 December 2005;
                        
                     
                           —
                        
                        
                           at the annual rate of 5 % from 1 January to 31 December 2006;
                        
                     
                           —
                        
                        
                           at the annual rate of 5,25 % from 1 January 2007 until the debt is paid in full;
                        
                     
         
               2.
            
            
               Decides that there is no need to adjudicate on the claim against Internet Commerce Network;
            
         
               3.
            
            
               Orders Dane-Elec Memory to bear its own costs and pay those incurred by the Commission;
            
         
               4.
            
            
               Orders Internet Commerce Network to bear its own costs.
            
         
      (1)  OJ C 212 of 2.9.2006.