Judgment of the Court of First Instance of 8 July 2009 - Commission v Atlantic Energy
(Arbitration clause - Contract for financial assistance concluded under a specific programme in the field of non-nuclear energy - Failure to comply with the contract - Reimbursement of sums advanced - Statutory set-off - Procedure for judgment by default)
Language of the case: English
Parties
Applicant: Commission of the European Communities (represented by: initially A.-M. Rouchaud-Joët and S. Lejeune, and subsequently A.-M. Rouchaud-Joët and F. Mirza, Agents, and M. Jarvis, Barrister)
Defendant: Atlantic Energy Ltd (Truro, Cornwall, United Kingdom)
Re:
Action brought by the Commission under Article 238 EC for reimbursement of an advance paid by the European Community, together with interest, under contract BU 183/95 UK/AT.
Operative part of the judgment
The Court:
Orders Atlantic Energy Ltd to reimburse to the Commission of the European Communities the principal sum of EUR 226 010, together with the interest provided for under Article 23.1 of the general conditions of contract BU 183/95 UK/AT in respect of the periods between 1 June 1996 and 28 February 2002 and between 16 July 2002 and 31 May 2008, less the sum of EUR 3 610.53, the final sum being increased by the interest provided for under the abovementioned Article 23.1 of the general conditions as from 1 June 2008 until the debt is discharged in full.
Orders Atlantic Energy to pay the costs.
____________1 - OJ C 171, 5.7.2008.