20.10.2007   

EN

Official Journal of the European Union

C 247/33

Judgment of the Court of First Instance (Second Chamber) of 12 September 2007 — Commission v Internet Commerce Network and Dane-Elec Memory

(Case T-184/06) (1)

(Arbitration clause - Contract concluded in the framework of a special programme in the field of information society technologies (Crossmarc project) - Non-performance of the contract - Repayment of the advance paid by the Community - At-first-demand guarantee of the contractual obligations - Default procedure)

(2007/C 247/54)

Language of the case: French

Parties

Applicant: Commission of the European Communities (represented: initially by L. Ström van Lier and subsequently by L. Escobar Guerrero, Agents, assisted by P. Elvinger, lawyer)

Defendants: Internet Commerce Network (Bagnolet, France) and Dane-Elec Memory (Bagnolet)

Re:

Action, based on an arbitration clause, for an order that the defendants repay the amount of the advance paid by the Community, and interest for late payment, following the non-performance of Contract No 2000-25366 concluded in the framework of a special programme for research, technological development and demonstration in the field of information society technologies (IST) (1998-2002) concerning the Crossmarc project (Cross-lingual Multi Agent Retail Comparison).

Operative part of the judgment

The Court:

1.

Orders Dane-Elec Memory to pay to the Commission of the European Communities the principal sum of EUR 55 878 with interest thereon:

—

at the annual rate of 4,75 % from 16 March 2004 to 31 December 2005;

—

at the annual rate of 5 % from 1 January to 31 December 2006;

—

at the annual rate of 5,25 % from 1 January 2007 until the debt is paid in full;

2.

Decides that there is no need to adjudicate on the claim against Internet Commerce Network;

3.

Orders Dane-Elec Memory to bear its own costs and pay those incurred by the Commission;

4.

Orders Internet Commerce Network to bear its own costs.

(1)  OJ C 212 of 2.9.2006.