CELEX: 62006TJ0184
Language: en
Date: 2007-09-12 00:00:00
Title: Judgment of the Court of First Instance (Second Chamber) of 12 September 2007. # Commission of the European Communities 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. # 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
      (Case T-184/06)
      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
      
      Procedure – Referral to the Court of First Instance under an arbitration clause (see paras 25-29, 31-36)
      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
      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.