Judgment of the Court of First Instance (Sixth Chamber) of 19 November 2008 – Commission v Premium

(Case T-316/06)

Arbitration clause – Contracts entered into under a specific research and technological development programme in the field of information technology – Repayment of part of the advance payment made by the Community – Default interest

1.                     Budget of the European Communities – Community financial assistance – Duty of the beneficiary to comply with the conditions for granting the assistance (see para. 38)

2.                     Procedure – Referral to the Court of First Instance under an arbitration clause (Art. 238 EC; Council Decision 91/394) (see paras 48, 58, 65, 70-71, 78, 81)

Re:

Operative part

The Court:

1.      Orders Premium SA to pay to the Commission the principal sum of EUR 57 605.74, together with default interest:

–      at the rate of 3.36% per annum for the period from 1 October to 31 December 1998;

–      at the rate of 3.47% per annum for the period from 1 January to 31 December 1999;

–      at the rate of 2.74% per annum for the period from 1 January to 31 December 2000;

–      at the rate of 4.26% per annum for the period from 1 January 2001 to 31 December 2002;

–      at the rate of 3.29% per annum for the period from 1 January to 31 December 2003;

–      at the rate of 2.27% per annum for the period from 1 January to 31 December 2004;

–      at the rate of 2.05% per annum for the period from 1 January to 31 December 2005;

–      at the rate of 2.11% per annum for the period from 1 January 2006 to the date of the present judgment;

–      at the rate applicable under French law for the period from the date of the present judgment to that of final settlement of the principal sum;

2.      Orders Premium to pay to the Commission the principal sum of EUR 30 988.74, together with default interest:

–      at the rate of 3.95% per annum for the period from 1 October to 31 December 1998;

–      at the rate of 2.85% per annum for the period from 1 January to 31 December 1999;

–      at the rate of 3.6% per annum for the period from 1 January 2000 to 31 December 2001;

–      at the rate of 2.95% per annum for the period from 1 January to 31 December 2002;

–      at the rate of 2.15% per annum for the period from 1 January 2003 to 31 December 2004;

–      at the rate of 2.4% per annum for the period from 1 January to 31 December 2005;

–      at the rate of 2.5% per annum for the period from 1 January 2006 to the date of the present judgment;

–      at the rate applicable under Danish law for the period from the date of the present judgment to that of final settlement of the principal sum;