Judgment of the Court of First Instance of 17 December 2008 - Commission v Cooperação e Desenvolvimento Regional
(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)
Language of the case: Portuguese
Parties
Applicant: Commission of the European Communities (represented by: M. Afonso, acting as Agent)
Defendant: Cooperação e Desenvolvimento Regional, SA (Setúbal, Portugal)
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 of the judgment
The Court:
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;
Orders Cooperação e Desenvolvimento Regional to pay the costs.
____________1 - OJ C 183, 19.7.2008.