Judgment of the Court (Fourth Chamber) of 13 November 2008 – Commission v Efrosyni Alexiadou
(Case C‑436/07 P)
Appeal – Arbitration clause – Contract concerning a technological development programme relating to the production of water-repellent leather – Repayment of advance paid – Interest
Appeals – Grounds – Incorrect interpretation and application of provisions of a contract containing an arbitration clause (Art. 238 EC; Statute of the Court of Justice, Art. 56; Council Decision 1999/169) (see paras 18-26)
Re:
| Appeal against the judgment of the Court of First Instance (Fourth Chamber) of 12July2007 in Case T‑312/05 | Commission | v | Alexiadou | [2007] ECRII‑86, in which that Court dismissed an action based on an arbitration clause seeking an order that the defendant reimburse the amount of the advance paid by the Commission under a contract concerning a technological development programme relating to the production of water‑repellent leather (Contract NoG1ST‑CT‑2002‑50227). |
Operative part
The Court:
1. |
| Sets aside the judgment of the Court of First Instance of the European Communities of 12July2007 in Case T‑312/05 Commission v Alexiadou[2007], which was notified to the Commission on 18July2007; |
2. |
| Orders that the case be referred back to the Court of First Instance of the European Communities; |
3. |
| Orders that the costs be reserved. |