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Document 62007TJ0317
Judgment of the Court of First Instance (Eighth Chamber) of 19 November 2008. # Commission of the European Communities v B2 Test SA. # 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. # Case T-317/07.
Judgment of the Court of First Instance (Eighth Chamber) of 19 November 2008.
Commission of the European Communities v B2 Test SA.
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.
Case T-317/07.
Judgment of the Court of First Instance (Eighth Chamber) of 19 November 2008.
Commission of the European Communities v B2 Test SA.
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.
Case T-317/07.
European Court Reports 2008 II-00280*
ECLI identifier: ECLI:EU:T:2008:516
Judgment of the Court of First Instance (Eighth Chamber) of 19 November 2008 – Commission v B2 Test
(Case T-317/07)
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
1. Budget of the European Communities – Community financial assistance – Obligation of the beneficiary to comply with the conditions for the grant of assistance (see para. 71)
2. Procedure – Referral to the Court of First Instance under an arbitration clause (Art. 238 EC; Council Decision 94/571) (see paras 74, 82, 90-91, 99-101)
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
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. |