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Valentina R., lawyer
(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)
(2009/C 6/55)
Language of the case: French
Applicant: Commission of the European Communities (represented by: L. Escobar Guerrero, Agent, assisted by E. Boutier and J. Marthan, lawyers)
Defendant: B2 Test SA (Gardanne, France) (represented by: M. Baffert, lawyer)
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.
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.
* * *
(<span class="super">1</span>) OJ C 269, 10.11.2007.