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Arbitration clause – Contract concerning a project for the development of a technology for the production of waterproof leathers – Failure to perform the contract – Reimbursement of sums advanced – Default interest – Referral back to the General Court after annulment – Default proceedings
Procedure – Referral to the General Court under an arbitration clause – Contract granting Community financial assistance for a research, technological development and demonstration project (Art. 238 EC) (see paras 41-44, 55-57, 60)
ACTION brought by the Commission under Article 238 EC seeking an order for reimbursement of EUR 23 036.31 advanced by the Commission to the defendant under a contract concerning a project for developing a technology for the production of waterproof leathers (Contract G1ST-CT-2002-50227), together with default interest.
The Court:
– at the rate of 5.25% per annum from 1 March 2003 to 31 August 2005;
– at the statutory annual rate applicable under Belgian law, with a ceiling of 5.25% per annum, from 1 September 2005 to payment in full of the debt;