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Document 62008TJ0182
Judgment of the Court of First Instance (First Chamber) of 8 July 2009. # Commission of the European Communities v Atlantic Energy Ltd. # Arbitration clause - Contract for financial assistance concluded under a specific programme in the field of non-nuclear energy - Failure to comply with the contract - Reimbursement of sums advanced - Statutory set-off - Procedure for judgment by default. # Case T-182/08.
Judgment of the Court of First Instance (First Chamber) of 8 July 2009.
Commission of the European Communities v Atlantic Energy Ltd.
Arbitration clause - Contract for financial assistance concluded under a specific programme in the field of non-nuclear energy - Failure to comply with the contract - Reimbursement of sums advanced - Statutory set-off - Procedure for judgment by default.
Case T-182/08.
Judgment of the Court of First Instance (First Chamber) of 8 July 2009.
Commission of the European Communities v Atlantic Energy Ltd.
Arbitration clause - Contract for financial assistance concluded under a specific programme in the field of non-nuclear energy - Failure to comply with the contract - Reimbursement of sums advanced - Statutory set-off - Procedure for judgment by default.
Case T-182/08.
European Court Reports 2009 II-00109*
ECLI identifier: ECLI:EU:T:2009:255
- Date of document:
- 08/07/2009
- Date lodged:
- 16/05/2008
- Author:
- General Court
- Country or organisation from which the request originates:
- United Kingdom
- Form:
- Judgment
- Authentic language:
- English
- Type of procedure:
- Arbitration clause
- Applicant:
- European Commission, EU institutions and bodies
- Defendant:
- Individual
- Judge-Rapporteur:
- Dehousse
- Treaty:
- Treaty establishing the European Economic Community
- Link
- Select all documents mentioning this document
- Instruments cited in case law:
-
- 11997E230: N 70
- 11997E238: N 70
- 31994D0806: N 2
- 61999TJ0068: N 50
- 62001CJ0087: N 70
- 62002TJ0029: N 50
- 62003CJ0279: N 55
- 62004TJ0448: N 68
- 62006TJ0122: N 70
- Subject matter:
- Case law directory code:
-
Judgment of the Court of First Instance (First Chamber) of 8 July 2009 – Commission v Atlantic Energy
(Case T-182/08)
Arbitration clause – Contract for financial assistance concluded under a specific programme in the field of non‑nuclear energy – Failure to comply with the contract – Reimbursement of sums advanced – Statutory set-off – Procedure for judgment by default
1. Procedure – Referral to the Court of First Instance under an arbitration clause (Art. 238 EC) (see paras 50-69)
2. Procedure – Referral to the Court of First Instance under an arbitration clause – Review of the legality of an extra-judicial set-off decision between debts and credit balances adopted by the Commission on the basis of Regulation No 1605/2002 – Not included (Arts 230 EC and 238 EC) (see para. 70)
Re:
| ACTION brought by the Commission under Article 238 EC for reimbursement of an advance paid by the European Community, together with interest, under contract BU 183/95 UK/AT. |
Operative part
The Court:
1. Orders Atlantic Energy Ltd to reimburse to the Commission of the European Communities the principal sum of EUR 226 010, together with the interest provided for under Article 23.1 of the general conditions of contract BU 183/95 UK/AT in respect of the periods between 1 June 1996 and 28 February 2002 and between 16 July 2002 and 31 May 2008, less the sum of EUR 3 610.53, the final sum being increased by the interest provided for under the abovementioned Article 23.1 of the general conditions as from 1 June 2008 until the debt is discharged in full;
2. Orders Atlantic Energy to pay the costs.
