28.5.2005 |
EN |
Official Journal of the European Union |
C 132/24 |
JUDGMENT OF THE COURT OF FIRST INSTANCE
of 15 March 2005
in Case T-29/02 Global Electronic Finance Management (GEF) SA v Commission of the European Communities (1)
(Arbitration clause - Non-performance of contract - Counterclaim)
(2005/C 132/43)
Language of the case: English
In Case T-29/02: Global Electronic Finance Management (GEF) SA, established in Brussels (Belgium), represented by E. Storme and A. Gobien, lawyers, against Commission of the European Communities (Agents: R. Lyal and C. Giolito, assisted by J. Stuyck) — application, based on an arbitration clause within the meaning of Article 238 EC, for an order that the Commission pay the sum of EUR 40 693 and issue a credit note in the sum of EUR 273 516, together with a counterclaim by the Commission that the applicant should be ordered to reimburse to it the sum of EUR 273 516, plus default interest at the rate of 7 % a year as from 1 September 2001 — the Court of First Instance (First Chamber, Extended Composition), composed of B. Vesterdorf, President, M. Jaeger, P. Mengozzi, E. Martins Ribeiro and F. Dehousse, Judges; J. Plingers, Administrator, for the Registrar, gave a judgment on 15 March 2005, in which it:
1. |
Dismisses the applicant's claim for reimbursement of the sum of EUR 40 693 and for the issue of a credit note for EUR 273 516; |
2. |
Upholds the Commission's counterclaim and, consequently, orders the applicant to pay the Commission the sum of EUR 273 516, plus default interest, at the annual statutory rate applicable in Belgium, from 1 September 2001 until full payment of the debt; |
3. |
Orders the applicant to pay the costs. |