CELEX: 62008TJ0174
Language: en
Date: 2008-12-17
Title: Judgment of the Court of First Instance (Eighth Chamber) of 17 December 2008. # Commission of the European Communities v Cooperação e Desenvolvimento Regional, SA. # Arbitration clause - Contract for financial assistance concluded under a specific programme in the field of telematic applications of common interest - Encata Project - Reimbursement of sums advanced - Late-payment interest - Default procedure. # Case T-174/08.

Judgment of the Court of First Instance (Eighth Chamber) of 17 December 2008 – Commission v Cooperação e Desenvolvimento Regional
      (Case T-174/08)
      Arbitration clause – Contract for financial assistance concluded under a specific programme in the field of telematic applications of common interest
         – Encata Project – Reimbursement of sums advanced – Late‑payment interest – Default procedure
      
      Procedure – Referral to the Court of First Instance under an arbitration clause – Contract granting Community financial assistance for carrying out a project in the area of research, technological development
         and demonstration – Overall financial contribution to the project less than the amount of the sum advanced by the Commission – Right to partial repayment of the advance, plus late-payment interest – Interest rate for delay claimed by the Commission lower than that calculated under the rules of the applicable national law
         (Art. 238 EC) (see paras 51-59)
      
      Re: 
      
         
               ACTION under Article 238 EC seeking an order that the defendant reimburse part of the amount advanced by the European Community,
                  together with late-payment interest, under contract SU 1001 (SU) Encata.
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Orders Cooperação e Desenvolvimento Regional, SA to reimburse to the Commission of the European Communities the sum of EUR 63 349.27,
                     together with late-payment interest:
                  
               
            –        at the rate of 6.29% per annum from 31 January 2001 to the date of the present judgment;
      –        at the annual rate applied under Irish law, that is to say, currently Article 26 of the Debtors (Ireland) Act 1840, as amended,
         up to the rate of 6.29% per annum from the date of the present judgment to full clearance of the debt.
      
      
         
                  2.
               
               
                  
               
               
                  	Orders Cooperação e Desenvolvimento Regional to pay the costs.