CELEX: 62007TA0317
Language: en
Date: 2008-11-19 00:00:00
Title: Case T-317/07: Judgment of the Court of First Instance of 19 November 2008 — Commission v B2 Test (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)

10.1.2009   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 6/27
            
         Judgment of the Court of First Instance of 19 November 2008 — Commission v B2 Test
   (Case T-317/07) (1)
   
   (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)
   (2009/C 6/55)
   Language of the case: French
   Parties
   
      Applicant: Commission of the European Communities (represented by: L. Escobar Guerrero, Agent, assisted by E. Boutier and J. Marthan, lawyers)
   
      Defendant: B2 Test SA (Gardanne, France) (represented by: M. Baffert, lawyer)
   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 of the judgment
   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.
            
         
      (1)  OJ C 269, 10.11.2007.