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Judgment of the Court (Fourth Chamber) of 13 November 2008. # Commission of the European Communities v Efrosyni Alexiadou. # Appeal - Arbitration clause - Contract concerning a technological development programme relating to the production of water-repellent leather - Repayment of advance paid - Interest. # Case C-436/07 P.
ECLI:EU:C:2008:623
62007CJ0436
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(Case C‑436/07 P)
Appeal – Arbitration clause – Contract concerning a technological development programme relating to the production of water-repellent leather – Repayment of advance paid – Interest
Appeals – Grounds – Incorrect interpretation and application of provisions of a contract containing an arbitration clause (Art. 238 EC; Statute of the Court of Justice, Art. 56; Council Decision 1999/169) (see paras 18-26)
Re:
Appeal against the judgment of the Court of First Instance (Fourth Chamber) of 12 July 2007 in Case T‑312/05 Commission v Alexiadou [2007] ECR II‑86, in which that Court dismissed an action based on an arbitration clause seeking an order that the defendant reimburse the amount of the advance paid by the Commission under a contract concerning a technological development programme relating to the production of water‑repellent leather (Contract No G1ST‑CT‑2002‑50227).
Operative part
The Court:
1.Sets aside the judgment of the Court of First Instance of the European Communities of 12 July 2007 in Case T‑312/05 Commission v Alexiadou [2007], which was notified to the Commission on 18 July 2007;
2.Orders that the case be referred back to the Court of First Instance of the European Communities;
3.Orders that the costs be reserved.