Judgment of the General Court of 7 October 2010 - Commission v Gal-Or

(Case T-136/09) ¹

(Arbitration clause - Contract for financial assistance concluded under a specific research and technological development programme in the field of non-nuclear energy - Failure to comply with the contract - Reimbursement of advance payments - Default interest - Default procedure)

Language of the case: English

Parties

Applicant: European Commission (represented by: A.-M. Rouchaud-Joët and F. Mirza, Agents, by B. Katan and M. van der Woude, lawyers, and subsequently by B. Katan)

Defendant: Benjamin Gal-Or (Jupiter, Florida, United States)

Re:

Action on the basis of an arbitration clause, seeking an order that Mr Gal-Or reimburse the amount of EUR 205 611 advanced to him by the Commission in the context of contract IN/0042/97, together with default interest, and for payment of default interest on the amount of EUR 9 231.25, which is the amount of the costs incurred in an action brought by Mr Gal-Or against the Commission before the courts in the Netherlands.

Operative part of the judgment

The Court:

Orders Mr Benjamin Gal-Or to pay to the European Commission the principal amount owing of EUR 205 611, together with interest at the rate of:

2.75% from 2 March 2003;

2.50% from 7 March 2003;

2.00% from 6 June 2003;

2.25% from 6 December 2005;

2.50% from 8 March 2006;

2.75% from 15 June 2006;

3.00% from 9 August 2006;

3.25% from 11 October 2006;

3.50% from 13 December 2006;

3.75% from 14 March 2007;

4.00% from 13 June 2007;

4.25% from 9 July 2008;

3.75% from 15 October 2008;

3.25% from 12 November 2008;

2.50% from 10 December 2008;

2.00% from 21 January 2009;

1.50% from 11 March 2009;

1.25% from 8 April 2009;

1.00% from 13 May 2009;

Dismisses the action as to the remainder;

Orders Mr Gal-Or to pay the costs.

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¹ - OJ C 141, 20.6.2009.