CELEX: 62007TJ0317
Language: en
Date: 2008-11-19
Title: Judgment of the Court of First Instance (Eighth Chamber) of 19 November 2008. # Commission of the European Communities v B2 Test SA. # Arbitration clause - Contract concluded in the framework of the specific programme for research and technological development, including demonstration, in the field of industrial and materials technologies (1994-1998) - Breach of contract - Repayment of balance of advance paid by the Commission. # Case T-317/07.

Judgment of the Court of First Instance (Eighth Chamber) of 19 November 2008 – Commission v B2 Test
      (Case T-317/07)
      Arbitration clause – Contract concluded in the framework of the specific programme for research and technological development, including demonstration,
         in the field of industrial and materials technologies (1994-1998) – Breach of contract – Repayment of balance of advance paid by the Commission
      
      1.                     Budget of the European Communities – Community financial assistance – Obligation of the beneficiary to comply with the conditions
            for the grant of assistance (see para. 71)
      2.                     Procedure – Referral to the Court of First Instance under an arbitration clause (Art. 238 EC; Council Decision 94/571) (see
            paras 74, 82, 90-91, 99-101)
      Re: 
      
         
               APPLICATION under Article 238 EC seeking to obtain repayment of the balance of the advance paid by the European Community,
                  plus late-payment interest thereon, in the framework of the contract BRST-CT-98-5452, and the payment of damages with interest.
               
            Operative part
      The Court:
      
         
                  1.
               
               
                  
               
               
                  	Orders B2 Test SA to repay to the Commission the principal sum of EUR 43 437.94, increased by late-payment interest at the
                     statutory annual rate applicable in France, from 31 July 2002 until the debt has been paid in full;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Dismisses the action as to the remainder;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders B2 Test to pay the costs.