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Judgment of the Court of First Instance (Second Chamber) of 30 January 2008. # Commission of the European Communities v Environmental Management Consultants Ltd. # Arbitration clause - Reimbursement of amounts paid - Default interest - Default procedure # Case T-46/05.
ECLI:EU:T:2008:21
62005TJ0046
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(Case T-46/05)
Arbitration clause – Reimbursement of amounts paid – Default interest – Default procedure
Procedure – Referral to the Court of First Instance under an arbitration clause (Art. 238 EC) (see paras 29-34, 41-50)
Re:
ACTION brought by the Commission pursuant to Article 238 EC seeking to obtain reimbursement in the sum of EUR 31 965.28 which it paid in the context of the performance of contract IC18-CT98-0273, plus statutory interest.
Operative part
The Court:
1.Orders Environmental Management Consultants Ltd to repay to the Commission of the European Communities the amount of EUR 31 965.28, plus interest:
– at the rate of 9.26% per annum from 1 to 31 August 2001;
– at the rate of 8.62% per annum from 1 September to 31 December 2001;
– at the rate of 10.57% per annum from 1 January to 30 June 2002;
– at the rate of 10.47% per annum from 1 July to 31 December 2002;
– at the rate of 9.97% per annum from 1 January to 30 June 2003;
– at the rate of 9.22% per annum from 1 July to 31 December 2003;
– at the rate of 9.14% per annum from 1 January to 30 June 2004;
– at the rate of 9.13% per annum from 1 July to 31 December 2004;
– at the rate of 9.21% per annum from 1 January to 31 January 2005;
– at the statutory rate, calculated in accordance with Article 288 of the Bürgerliches Gesetzbuch (German Civil Code) without that rate exceeding 9.21% from 1 February 2005 until the discharge of the debt;
2.Orders Environmental Management Consultants to pay the costs.