CELEX: C2007/140/33
Language: en
Date: 2007-06-23 00:00:00
Title: Case T-271/04: Judgment of the Court of First Instance of 8 May 2007 — Citymo v Commission (Contractual liability — Arbitration clause — Lease contract — Inadmissibility — Non-contractual liability — Pre-contract negotiations — Plea of illegality — Legitimate expectation — Good faith — Abuse of rights — Material loss — Lost opportunity)

23.6.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 140/20
            
         Judgment of the Court of First Instance of 8 May 2007 — Citymo v Commission
   (Case T-271/04) (1)
   
   (Contractual liability - Arbitration clause - Lease contract - Inadmissibility - Non-contractual liability - Pre-contract negotiations - Plea of illegality - Legitimate expectation - Good faith - Abuse of rights - Material loss - Lost opportunity)
   (2007/C 140/33)
   Language of the case: French
   Parties
   
      Applicant: Citymo SA (Brussels, Belgium) (represented by: P. Van Ommeslaghe, I. Heenen and P.-M. Louis, lawyers)
   
      Defendant: Commission of the European Communities (represented by: L. Parpala and E. Manhaeve, acting as Agents, and D. Philippe and M. Gouden, lawyers)
   Re:
   Principally, an action in contractual liability based on an arbitration clause seeking an order that the Commission pay to the applicant company damages for its repudiation of a lease contract allegedly concluded between it and the European Community, represented by the Commission, and, in the alternative, an action in non-contractual liability seeking compensation for the loss allegedly suffered by the applicant following the Commission's decision to halt pre-contractual negotiations relating to conclusion of that lease contract.
   Operative part of the judgment
   The Court:
   
               1.
            
            
               The Commission shall be ordered to pay to the applicant the sum of EUR 20 000 together with late payment interest thereon to run from the date of delivery of this judgment to the date of actual payment at an annual rate equal to the rate fixed by the European Central Bank for main refinancing operations, increased by 2 points, provided that it does not exceed a rate of 6 %;
            
         
               2.
            
            
               The remainder of the action is dismissed;
            
         
               3.
            
            
               Each party shall bear its own costs.
            
         
      (1)  OJ C 262, 23.10.2004.