Judgment of the Court of First Instance (Eighth Chamber) of 17 December 2008 – Commission v Cooperação e Desenvolvimento Regional

(Case T-174/08)

Arbitration clause – Contract for financial assistance concluded under a specific programme in the field of telematic applications of common interest – Encata Project – Reimbursement of sums advanced – Late‑payment interest – Default procedure

Procedure – Referral to the Court of First Instance under an arbitration clause – Contract granting Community financial assistance for carrying out a project in the area of research, technological development and demonstration – Overall financial contribution to the project less than the amount of the sum advanced by the Commission – Right to partial repayment of the advance, plus late-payment interest – Interest rate for delay claimed by the Commission lower than that calculated under the rules of the applicable national law (Art. 238 EC) (see paras 51-59)

Re:

ACTION under Article 238 EC seeking an order that the defendant reimburse part of the amount advanced by the European Community, together with late-payment interest, under contract SU 1001 (SU) Encata.

Operative part

The Court:

1. Orders Cooperação e Desenvolvimento Regional, SA to reimburse to the Commission of the European Communities the sum of EUR 63 349.27, together with late-payment interest:

–        at the rate of 6.29% per annum from 31 January 2001 to the date of the present judgment;

–        at the annual rate applied under Irish law, that is to say, currently Article 26 of the Debtors (Ireland) Act 1840, as amended, up to the rate of 6.29% per annum from the date of the present judgment to full clearance of the debt.

2. Orders Cooperação e Desenvolvimento Regional to pay the costs.