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Case T-174/08: Judgment of the Court of First Instance of 17 December 2008 — Commission v Cooperação e Desenvolvimento Regional (Arbitration clause — Contract for financial assistance concluded under a specific programme in the field of telematic applications of common interest — Encata Project — Reimbursement of sums advanced — Late-payment interest — Default procedure)
ECLI:EU:UNKNOWN:62008TA0174
62008TA0174
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Official Journal of the European Union
C 32/33
(Case T-174/08)
(Arbitration clause - Contract for financial assistance concluded under a specific programme in the field of telematic applications of common interest - Encata Project - Reimbursement of sums advanced - Late-payment interest - Default procedure)
(2009/C 32/63)
Language of the case: Portuguese
Parties
Applicant: Commission of the European Communities (represented by: M. Afonso, acting as Agent)
Defendant: Cooperação e Desenvolvimento Regional, SA (Setúbal, Portugal)
Re:
Action under Article 238 EC seeking an order that the defendant reimburse part of the amount advanced by the European Community, together with late-payment interest, under contract SU 1001 (SU) Encata.
Operative part of the judgment
The Court:
1.Orders Cooperação e Desenvolvimento Regional, SA to reimburse to the Commission of the European Communities the sum of EUR 63 349,27, together with late-payment interest:
—at the rate of 6.29 % per annum from 31 January 2001 to the date of the present judgment;
—at the annual rate applied under Irish law, that is to say, currently Article 26 of the Debtors (Ireland) Act 1840, as amended, up to the rate of 6.29 % per annum from the date of the present judgment to full clearance of the debt;
2.Orders Cooperação e Desenvolvimento Regional to pay the costs.
* * *
(1) OJ C 183, 19.7.2008.