Judgment of the General Court (Third Chamber) of 9 March 2011 – Commission v Edificios Inteco

(Case T-235/09)

Arbitration clause – Programme concerning the promotion of energy technologies for Europe (Thermie) – Contract concerning the construction in Valladolid (Spain) of a commercial and business centre equipped with a solar powered air conditioning system – Non-performance of the contract – Reimbursement of sums advanced – Late payment interest – Procedure by default

Procedure – Referral to the General Court under an arbitration clause – Contract concluded between the Commission and a company for implementing a project under the programme concerning the promotion of energy technologies for Europe (Thermie) – Non-performance of the contract – Right of the Commission to repayment of the sums advanced, plus interest for delay (Art. 238 EC) (see paras 49-55, 66, 70-71, 74-75)

Re:

ACTION brought by the Commission pursuant to Article 238 EC for reimbursement of the sum of EUR 157 238.07, paid by it to the defendant in relation to a construction project in Valladolid of a commercial and business centre equipped with a solar powered air conditioning system (contract BU/1041/93) plus late payment interest.

Operative part

The Court:

1. Orders Edificios Inteco SL to reimburse to the European Commission the sum of EUR 157 238.07, plus EUR 81 686.22 corresponding to interest due on 1 June 2009;

2. Orders Edificios Inteco to reimburse the Commission the sum of EUR 21.73796 for each additional day’s delay from 2 June 2009 to payment in full of the debt;

3. Orders Edificios Inteco to pay the costs.