CELEX: 62007CJ0436
Language: en
Date: 2008-11-13
Title: Judgment of the Court (Fourth Chamber) of 13 November 2008. # Commission of the European Communities v Efrosyni Alexiadou. # Appeal - Arbitration clause - Contract concerning a technological development programme relating to the production of water-repellent leather - Repayment of advance paid - Interest. # Case C-436/07 P.

Judgment of the Court (Fourth Chamber) of 13 November 2008 – Commission v Efrosyni Alexiadou
      (Case C‑436/07 P)
      Appeal – Arbitration clause – Contract concerning a technological development programme relating to the production of water-repellent leather – Repayment of advance paid – Interest
      Appeals – Grounds – Incorrect interpretation and application of provisions of a contract containing an arbitration clause (Art. 238 EC; Statute
         of the Court of Justice, Art. 56; Council Decision 1999/169) (see paras 18-26)
      
      Re: 
      
         Appeal against the judgment of the Court of First Instance (Fourth Chamber) of 12 July 2007 in Case T‑312/05 
               Commission 
               v 
               Alexiadou
                [2007] ECR II‑86, in which that Court dismissed an action based on an arbitration clause seeking an order that the defendant
                  reimburse the amount of the advance paid by the Commission under a contract concerning a technological development programme
                  relating to the production of water‑repellent leather (Contract No G1ST‑CT‑2002‑50227).
               
            Operative part
      The Court: 
      
         
                  1.
               
               
                  
               
               
                  	Sets aside the judgment of the Court of First Instance of the European Communities of 12 July 2007 in Case T‑312/05 Commission
                     v Alexiadou [2007], which was notified to the Commission on 18 July 2007;
                  
               
            
         
                  2.
               
               
                  
               
               
                  	Orders that the case be referred back to the Court of First Instance of the European Communities;
               
            
         
                  3.
               
               
                  
               
               
                  	Orders that the costs be reserved.