Case T-29/02

Global Electronic Finance Management (GEF) SA

v

Commission of the European Communities

(Arbitration clause – Non-performance of contract – Counterclaim)

Summary of the Judgment

1.      Procedure – Referral to the Court of First Instance under an arbitration clause – Jurisdiction of the Court of First Instance to hear a counterclaim – Basis

(Art. 238 EC; Rules of Procedure of the Court of First Instance, Art. 113; Council Decision 88/591, Art. 3(1)(c))

2.      Procedure – Referral to the Court of First Instance under an arbitration clause – Application of the national law governing the contract – Interpretation of the contract in the light of its context – Contract granting Community financial assistance in return for undertakings given by the recipient – Non-implementation

3.      Procedure – Referral to the Court of First Instance under an arbitration clause – Contract providing for Community financial assistance for a research and development project – Request for reimbursement of certain costs – Counterclaim by the Commission for reimbursement of overpayment

(Art. 238 EC; Council Decisions 94/763 and 94/802)