CELEX: C2002/109/01
Language: en
Date: 2002-05-04 00:00:00
Title: Judgment of the Court (Second Chamber) 21 February 2002 in Case C-416/98: Commission of the European Communities v Nea Energeiaki Technologia EPE (Article 181 of the EC Treaty (now Article 238 EC) — Arbitration clause — Reimbursement of advance payments made under a contract terminated by the Commission for non-performance)

4.5.2002                EN                      Official Journal of the European Communities                                              C 109/1
                                                                         I
                                                                   (Information)
                                                     COURT OF JUSTICE
                                                               COURT OF JUSTICE
                 JUDGMENT OF THE COURT                                       1.    Orders Nea Energeiaki Technologia EPE to pay to the
                                                                                   Commission of the European Communities, first, the sum of
                                                                                   GRD 9 498 551 resulting from the agreement concluded
                        (Second Chamber)                                           between Nea Energeiaki Technologia EPE and the Commission
                                                                                   on 27 March 1990, namely the principal sum of
                         21 February 2002                                          GRD 9 257 051 plus GRD 241 500 in respect of bank
                                                                                   interest, and, second, interest on the principal amount due,
                                                                                   calculated on the basis of the European Investment Bank rate
in Case C-416/98: Commission of the European Communi-                              applicable on 15 July 1985 for the period from 27 March
          ties v Nea Energeiaki Technologia EPE (1)                                1990 to 10 December 1998 and on the basis of the statutory
                                                                                   rate under Greek law for the period from 11 December 1998,
                                                                                   the date of service of the application on Nea Energeiaki
(Article 181 of the EC Treaty (now Article 238 EC) —                               Technologia EPE, until total discharge by the latter of its debt;
Arbitration clause — Reimbursement of advance payments
made under a contract terminated by the Commission for                       2.    Orders Nea Energeiaki Technologia EPE to pay the costs.
                         non-performance)
                                                                             (1) OJ C 20 of 23.1.1999.
                          (2002/C 109/01)
                    (Language of the case: Greek)
                                                                                               JUDGMENT OF THE COURT
(Provisional translation; the definitive translation will be published
                   in the European Court Reports)                                                     19 February 2002
                                                                             in Case C-35/99 (Reference for a preliminary ruling from
                                                                                     the Pretore di Pinerolo): Manuele Arduino (1)
In Case C-416/98, Commission of the European Communities
(Agents: R.B. Wainwright and O. Couvert-Castéra, assisted by                 (Compulsory tariff for fees of members of the Bar —
M. Bra, avocat, and K. Kapoutzidou, dikigoros) v Nea Energeiaki              Decision of the National Council of the Bar — Approval by
Technologia EPE, established in Athens (Greece) (Agent:                      the Minister for Justice — Articles 5 and 85 of the EC Treaty
G. Papacharalampous, dikigoros): Application by the Com-                                      (now Articles 10 EC and 81 EC)
mission under Article 181 of the EC Treaty (now Article 238
EC) for repayment of an advance granted by it to the defendant                                          (2002/C 109/02)
in relation to a contract concerning the implementation, and
practical demonstration, of a pilot programme for wind-                                           (Language of the case: Italian)
generated energy entitled ‘Kea Island’, which provided for the
setting-up of a wind energy converter on a Greek island, the                 (Provisional translation; the definitive translation will be published
Court (Second Chamber), composed of: N. Colneric, President                                      in the European Court Reports)
of the Chamber, V. Skouris (Rapporteur) and J.N. Cunha
Rodrigues, Judges; P. Léger, Advocate General; L. Hewlett,
Administrator, for the Registrar, has given a judgment on                    In Case C-35/99: Reference to the Court under Article 177 of
21 February 2002, in which it:                                               the EC Treaty (now Article 234 EC) by the Pretore di Pinerolo