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Judgment of the Court of First Instance (Eighth Chamber) of 19 November 2008. # Commission of the European Communities v B2 Test SA. # Arbitration clause - Contract concluded in the framework of the specific programme for research and technological development, including demonstration, in the field of industrial and materials technologies (1994-1998) - Breach of contract - Repayment of balance of advance paid by the Commission. # Case T-317/07.
ECLI:EU:T:2008:516
62007TJ0317
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(Case T-317/07)
Arbitration clause – Contract concluded in the framework of the specific programme for research and technological development, including demonstration, in the field of industrial and materials technologies (1994-1998) – Breach of contract – Repayment of balance of advance paid by the Commission
Re:
APPLICATION under Article 238 EC seeking to obtain repayment of the balance of the advance paid by the European Community, plus late-payment interest thereon, in the framework of the contract BRST-CT-98-5452, and the payment of damages with interest.
Operative part
The Court:
1.Orders B2 Test SA to repay to the Commission the principal sum of EUR 43 437.94, increased by late-payment interest at the statutory annual rate applicable in France, from 31 July 2002 until the debt has been paid in full;
2.Dismisses the action as to the remainder;
3.Orders B2 Test to pay the costs.