Judgment of the General Court (Seventh Chamber) of 7 July 2010 – Commission v Antiche Terre

(Case T-51/09)

Arbitration clause – Programme concerning the promotion of energy technologies for Europe (Thermie) – Contract concerning the project for the building in Umbertide (Italy) of an electricity generating plant using an innovative agro-forestry biomass combustion technology – Substantial amendment to the conditions for performance of the contract – Termination – Reimbursement of sums paid – Interest

Procedure – Referral to the General Court under an arbitration clause (Art. 238 EC) (see paras 46, 50-60, 79-82, 85)

Re:

ACTION brought by the Commission under Article 238 EC seeking an order that Antiche Terre reimburse the sums paid by the Community in performance of contract no BM/188/96 of 23 December 1996, concluded with three companies, including Antiche Terre, under the Thermie programme.

Operative part

The Court:

1. Orders Antiche Terre Soc. Coop. rl Società Agricola to pay the European Commission the sum of EUR 479 332.40, together with late-payment interest at the Italian statutory rate, calculated in accordance with the rates applicable from 4 January 2004 until payment in full of the debt, after deduction of the sum of EUR 461 979 recovered by the Commission following the implementation on 25 January 2005 of the bank guarantee of which it was beneficiary;

2. Dismisses the remainder of the action;

3. Orders Antiche Terre to pay the costs.