Judgment of the Court of First Instance (Fifth Chamber) of 3 June 2009 – Commission v Burie Onderzoek en Advies

(Case T-179/06)

Arbitration clause – Contracts concluded under the RACE II programme and a specific programme in the field of telematic applications of common interest – Repayment of part of the advances paid – Jurisdiction of the Court of First Instance – Partial inadmissibility – Principle of sound administration – Counterclaim

Procedure – Referral to the Court of First Instance under an arbitration clause (Art. 238 EC) (see paras 59-62, 100)

Re:

APPLICATION pursuant to an arbitration clause within the meaning of Article 238 EC seeking an order that Burie Onderzoek en Advies BV repay part of the advances paid by the European Community, together with default interest, in implementation of two financing contracts in the field of advanced communications technologies in Europe and of telematic applications.

Operative part

The Court:

1. Dismisses as inadmissible the action concerning the repayment of advances paid by the Commission under the Barbara (Broad Range of Community Based Telematics Applications in Rural Areas) contract with reference number ‘Project R 2022’ in so far as that action is directed against Burie Onderzoek en Advies BV, on the ground that it is clear that the Court of First Instance has no jurisdiction to take cognisance of the action;

2. Orders Burie Onderzoek en Advies, under the Telepromise (Telematics to Provide for Missing Services) contract with reference number ‘Project UR 1028’, to pay the Commission the principal sum of EUR 109 535.62 plus default interest at the applicable statutory rate in the Netherlands from 31 August 2001 until full payment of the debt;

3. Dismisses the counterclaim of Burie Onderzoek en Advies;

4. Orders each party to bear its own costs.