CELEX: 62009TA0136
Language: en
Date: 2010-10-07 00:00:00
Title: Case T-136/09: Judgment of the General Court of 7 October 2010 — Commission v Gal-Or (Arbitration clause — Contract for financial assistance concluded under a specific research and technological development programme in the field of non-nuclear energy — Failure to comply with the contract — Reimbursement of advance payments — Default interest — Default procedure)

20.11.2010   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 317/30
            
         Judgment of the General Court of 7 October 2010 — Commission v Gal-Or
   (Case T-136/09) (1)
   
   (Arbitration clause - Contract for financial assistance concluded under a specific research and technological development programme in the field of non-nuclear energy - Failure to comply with the contract - Reimbursement of advance payments - Default interest - Default procedure)
   2010/C 317/54
   Language of the case: English
   
      Parties
   
   
      Applicant: European Commission (represented by: A.-M. Rouchaud-Joët and F. Mirza, Agents, by B. Katan and M. van der Woude, lawyers, and subsequently by B. Katan)
   
      Defendant: Benjamin Gal-Or (Jupiter, Florida, United States)
   
      Re:
   
   Action on the basis of an arbitration clause, seeking an order that Mr Gal-Or reimburse the amount of EUR 205 611 advanced to him by the Commission in the context of contract IN/0042/97, together with default interest, and for payment of default interest on the amount of EUR 9 231,25, which is the amount of the costs incurred in an action brought by Mr Gal-Or against the Commission before the courts in the Netherlands.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Orders Mr Benjamin Gal-Or to pay to the European Commission the principal amount owing of EUR 205 611, together with interest at the rate of:
               
                           —
                        
                        
                           2,75 % from 2 March 2003;
                        
                     
                           —
                        
                        
                           2,50 % from 7 March 2003;
                        
                     
                           —
                        
                        
                           2,00 % from 6 June 2003;
                        
                     
                           —
                        
                        
                           2,25 % from 6 December 2005;
                        
                     
                           —
                        
                        
                           2,50 % from 8 March 2006;
                        
                     
                           —
                        
                        
                           2,75 % from 15 June 2006;
                        
                     
                           —
                        
                        
                           3,00 % from 9 August 2006;
                        
                     
                           —
                        
                        
                           3,25 % from 11 October 2006;
                        
                     
                           —
                        
                        
                           3,50 % from 13 December 2006;
                        
                     
                           —
                        
                        
                           3,75 % from 14 March 2007;
                        
                     
                           —
                        
                        
                           4,00 % from 13 June 2007;
                        
                     
                           —
                        
                        
                           4,25 % from 9 July 2008;
                        
                     
                           —
                        
                        
                           3,75 % from 15 October 2008;
                        
                     
                           —
                        
                        
                           3,25 % from 12 November 2008;
                        
                     
                           —
                        
                        
                           2,50 % from 10 December 2008;
                        
                     
                           —
                        
                        
                           2,00 % from 21 January 2009;
                        
                     
                           —
                        
                        
                           1,50 % from 11 March 2009;
                        
                     
                           —
                        
                        
                           1,25 % from 8 April 2009;
                        
                     
                           —
                        
                        
                           1,00 % from 13 May 2009;
                        
                     
         
               2.
            
            
               Dismisses the action as to the remainder;
            
         
               3.
            
            
               Orders Mr Gal-Or to pay the costs.
            
         
      (1)  OJ C 141, 20.6.2009.