Judgment of the Court of First Instance (Fifth Chamber) of 14 January 2009 – Commission v Rednap
(Case T-352/07)
Arbitration clause – Contracts concluded in the context of the fourth framework programme of activities in the fields of research and technological development and demonstration – Rise and Healthline projects – Non-compliance of part of the declared expenditure with the contractual provisions – Repayment of part of the advances paid – Default proceedings
Procedure – Reference to the Court pursuant to an arbitration clause – Contract granting Community financial assistance for carrying out a project in the area of research, technological development and demonstration – Finding of irregularities – Application for repayment of advances, plus interest – Default interest (Art. 238 EC) (see paras 43, 48-49)
Re:
| ACTION brought by the Commission under Article 238 EC seeking repayment of part of the advances paid by the Community under the contracts DE 3010 (DE) Rise and HC 4007 (HC) Healthline, and payment of default interest. |
Operative part
The Court:
1. |
| Orders Rednap AB to repay to the Commission the sum of EUR 334375.49; |
2. |
| Orders Rednap to pay to the Commission default interest on the sum of EUR219 125.22 from 1 June 2002 at the statutory rate under Greek law until the debt is totally discharged, which rate may not, however, as from 1August 2007, exceed 11.75% per annum; |
3. |
| Orders Rednap to pay to the Commission default interest on the sum of EUR115 250.27 from 31 May 2002 at the statutory rate under Greek law until the debt is totally discharged, which rate may not, however, as from 1August 2007, exceed 11.75% per annum; |
4. |
| Orders Rednap to pay the costs. |