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Case T-468/22: Action brought on 22 July 2022 — EIB v Syria
ECLI:EU:UNKNOWN:62022TN0468
62022TN0468
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19.9.2022
EN
Official Journal of the European Union
C 359/90
(Case T-468/22)
(2022/C 359/110)
Language of the case: English
Parties
Applicant: European Investment Bank (represented by: D. Arts and E. Paredis, lawyers, T. Gilliams, R. Stuart and F. de Borja Oxangoiti Briones, agents)
Defendant: Syrian Arab Republic
Form of order sought
The applicant claims that the Court should impose on the Syrian Arab Republic the order:
—for payment of all sums due to the applicant under Articles 3.01, 3.02 and 4.01 of the Electricity Transmission Project Loan Agreement, nr. 20868 (hereafter the ‘Loan Agreement’) since 9 August 2017 further to its right of subrogation comprising:
—CHF 1 984 763,43 and EUR 22 856 655,23, the amount due to the applicant as at 30 June 2022, which is all principal of CHF 1 716 822,98 and EUR 18 655 393,62, interest of CHF 51 915,64 and EUR 1 040 629,74 and contractual default interest (accrued from the due date to 30 June 2022) of CHF 216 024,81 and EUR 3 160 631,87.
—further contractual default interest, accruing at an annual rate equal to the aggregate of (i) 2,5 % (250 basis points) and (ii) the rate payable under Article 3.01, until payment is made.
—for payment of all costs related to the present proceedings pursuant to Article 134(1) of the Rules of Procedure.
Pleas in law and main arguments
In support of the action, the applicant relies on one plea in law.
First and only plea in law, alleging that the Syrian Arab Republic has breached its contractual obligations under Articles 3.01 and 4.01 of the Loan Agreement to make payment of the further instalments under the Loan Agreement as they have fallen due, since 9 August 2017 and under Article 3.02 of the Loan Agreement to make payment of default interest on each of the instalments due and not paid, accruing at the annual rate therein. Consequently, the Syrian Arab Republic is contractually obligated to pay all amounts due under Articles 3.01, 3.02 and 4.01 of the Loan Agreement to the applicant (subrogated to the European Investment Bank’s claims).