10.1.2009   

EN

Official Journal of the European Union

C 6/7


Judgment of the Court (Fourth Chamber) of 13 November 2008 — Commission of the European Communities v Efrosyni Alexiadou

(Case C-436/07 P) (1)

(Appeal - Arbitration clause - Contract concerning a technological development programme relating to the production of water-repellent leather - Repayment of advance paid - Interest)

(2009/C 6/12)

Language of the case: Greek

Parties

Appellant: Commission of the European Communities (represented by: D. Triantafyllou, acting as Agent)

Other party to the proceedings: Efrosyni Alexiadou (represented by: Ch. Matellas and E. Alexiadou, lawyers)

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 the Court dismissed an action under 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 of the judgment

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.


(1)  OJ C 269, 10.11.2007.