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Judgment of the Court of First Instance (Sixth Chamber) of 19 November 2008. # Commission of the European Communities v Premium SA. # Arbitration clause - Contracts entered into under a specific research and technological development programme in the field of information technology - Repayment of part of the advance payment made by the Community - Default interest. # Case T-316/06.
ECLI:EU:T:2008:514
62006TJ0316
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(Case T-316/06)
Arbitration clause – Contracts entered into under a specific research and technological development programme in the field of information technology – Repayment of part of the advance payment made by the Community – Default interest
Re:
ACTION under Article 238 EC claiming that the defendant should be ordered to repay part of the advance payments made by the Community, together with default interest, because of failure to comply with certain contractual obligations.
Operative part
The Court:
– at the rate of 3.36% per annum for the period from 1 October to 31 December 1998;
– at the rate of 3.47% per annum for the period from 1 January to 31 December 1999;
– at the rate of 2.74% per annum for the period from 1 January to 31 December 2000;
– at the rate of 4.26% per annum for the period from 1 January 2001 to 31 December 2002;
– at the rate of 3.29% per annum for the period from 1 January to 31 December 2003;
– at the rate of 2.27% per annum for the period from 1 January to 31 December 2004;
– at the rate of 2.05% per annum for the period from 1 January to 31 December 2005;
– at the rate of 2.11% per annum for the period from 1 January 2006 to the date of the present judgment;
– at the rate applicable under French law for the period from the date of the present judgment to that of final settlement of the principal sum;
– at the rate of 3.95% per annum for the period from 1 October to 31 December 1998;
– at the rate of 2.85% per annum for the period from 1 January to 31 December 1999;
– at the rate of 3.6% per annum for the period from 1 January 2000 to 31 December 2001;
– at the rate of 2.95% per annum for the period from 1 January 2002 to 31 December 2002;
– at the rate of 2.15% per annum for the period from 1 January 2003 to 31 December 2004;
– at the rate of 2.4% per annum for the period from 1 January 2005 to 31 December 2005;
– at the rate of 2.5% per annum for the period from 1 January 2006 to the date of the present judgment;
– at the rate applicable under Danish law for the period from the date of the present judgment to that of final settlement of the principal sum;