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General Court 11-09-2014 ECLI:EU:T:2014:772

General Court 11-09-2014 ECLI:EU:T:2014:772

Data

Court
General Court
Case date
11 september 2014

Verdict

Judgment of the General Court (Ninth Chamber) of 11 September 2014 — Commission v ID FOS Research

(Case T‑170/08)

"Arbitration clause - Contracts for financial assistance concerning projects in the field of industrial and materials technologies - Reimbursement of a part of the sums paid - Default interest"

Judicial proceedingsReferral to the General Court under an arbitration clauseContract subject to national lawInterpretation of the contract having regard to national lawConditionsInsufficiency of the contractual clauses to resolve the disputeDoubt as to the content or meaning of the contract (Art. 272 TFEU) (see paras 54-56)

EU budgetEU financial assistanceObligation of the beneficiary to comply with the conditions for grant of the aidFinancing covering only expenses actually incurredProof of the reality of the expenses declaredNoneIneligible expenses (Art. 317 TFEU) (see para. 57)

Judicial proceedingsReferral to the General Court under an arbitration clauseContracts for financial assistance concerning projects in the field of industrial and materials technologiesNon-compliance with obligations arising from the contractsRight of the Commission to reimbursement of the overpaid amount plus default interestRate of late-payment interest claimed by the Commission lower than that calculated under the applicable rules of national law (Art. 272 TFEU) (see paras 86-91, 93-96)

Re:

ACTION brought pursuant to Article 272 TFEU seeking the reimbursement of a part of the sums paid by the Commission, together with default interest, under contract BRPR-CT-95-0099 concluded in the framework of the specific programme for research and technological development, including demonstration, in the field of industrial and materials technologies (Brite-Euram III).

Operative part

ID Fiber Optic Sensing Research (ID FOS Research) is ordered to reimburse the European Commission the sum of EUR 21 599.26, together with default interest:

  • at the rate of 4.75% per annum from 1 July 2002 until 31 December 2002;

  • at the rate of 6.75% per annum from 1 January 2003 until the date of the present judgment;

  • at the annual rate applied under the law of England and Wales, currently section 17 of the Judgment Courts Act, 1838, as amended, up to a maximum of 6.75% per annum, from the date of the present judgment until the debt is fully settled;

ID FOS Research is ordered to pay the costs.