20.11.2010
EN
Official Journal of the European Union
C 317/30
Judgment of the General Court of 7 October 2010 — Commission v Gal-Or
(Case T-136/09) (1)
(Arbitration clause - Contract for financial assistance concluded under a specific research and technological development programme in the field of non-nuclear energy - Failure to comply with the contract - Reimbursement of advance payments - Default interest - Default procedure)
2010/C 317/54
Language of the case: English
Parties
Applicant: European Commission (represented by: A.-M. Rouchaud-Joët and F. Mirza, Agents, by B. Katan and M. van der Woude, lawyers, and subsequently by B. Katan)
Defendant: Benjamin Gal-Or (Jupiter, Florida, United States)
Re:
Action on the basis of an arbitration clause, seeking an order that Mr Gal-Or reimburse the amount of EUR 205 611 advanced to him by the Commission in the context of contract IN/0042/97, together with default interest, and for payment of default interest on the amount of EUR 9 231,25, which is the amount of the costs incurred in an action brought by Mr Gal-Or against the Commission before the courts in the Netherlands.
Operative part of the judgment
The Court:
1.
Orders Mr Benjamin Gal-Or to pay to the European Commission the principal amount owing of EUR 205 611, together with interest at the rate of:
—
2,75 % from 2 March 2003;
—
2,50 % from 7 March 2003;
—
2,00 % from 6 June 2003;
—
2,25 % from 6 December 2005;
—
2,50 % from 8 March 2006;
—
2,75 % from 15 June 2006;
—
3,00 % from 9 August 2006;
—
3,25 % from 11 October 2006;
—
3,50 % from 13 December 2006;
—
3,75 % from 14 March 2007;
—
4,00 % from 13 June 2007;
—
4,25 % from 9 July 2008;
—
3,75 % from 15 October 2008;
—
3,25 % from 12 November 2008;
—
2,50 % from 10 December 2008;
—
2,00 % from 21 January 2009;
—
1,50 % from 11 March 2009;
—
1,25 % from 8 April 2009;
—
1,00 % from 13 May 2009;
2.
Dismisses the action as to the remainder;
3.
Orders Mr Gal-Or to pay the costs.
(1) OJ C 141, 20.6.2009.
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