CELEX: 62009TJ0235
Language: en
Date: 2011-03-09
Title: Judgment of the General Court (Third Chamber) of 9 March 2011. # European Commission v Edificios Inteco, SL. # (Arbitration clause - Programme concerning the promotion of energy technologies for Europe (Thermie) - Contract concerning the construction in Valladolid (Spain) of a commercial and business centre equipped with a solar powered air conditioning system - Non-performance of the contract - Reimbursement of sums advanced - Late payment interest - Procedure by default). # Case T-235/09.

Judgment of the General Court (Third Chamber) of 9 March 2011 – Commission v Edificios Inteco
      (Case T-235/09)
      Arbitration clause – Programme concerning the promotion of energy technologies for Europe (Thermie) – Contract concerning the construction in Valladolid (Spain) of a commercial and business centre equipped with a solar powered
         air conditioning system – Non-performance of the contract – Reimbursement of sums advanced – Late payment interest – Procedure by default
      
      Procedure – Referral to the General Court under an arbitration clause – Contract concluded between the Commission and a company for implementing a project under the programme concerning the promotion
         of energy technologies for Europe (Thermie) – Non-performance of the contract – Right of the Commission to repayment of the sums advanced, plus interest for delay (Art. 238 EC) (see paras 49-55, 66, 70-71,
         74-75)
      
      Re:
      
         
               ACTION brought by the Commission pursuant to Article 238 EC for reimbursement of the sum of EUR 157 238.07, paid by it to
                  the defendant in relation to a construction project in Valladolid of a commercial and business centre equipped with a solar
                  powered air conditioning system (contract BU/1041/93) plus late payment interest.
               
            Operative part 
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Orders Edificios Inteco SL to reimburse to the European Commission the sum of EUR 157 238.07, plus EUR 81 686.22 corresponding
                     to interest due on 1 June 2009;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders Edificios Inteco to reimburse the Commission the sum of EUR 21.73796 for each additional day’s delay from 2 June 2009
                     to payment in full of the debt;
                  
               
            
         
                  3.
               
               
                  
               
               
                  	Orders Edificios Inteco to pay the costs.