Opinion of Mr Advocate General Cosmas delivered on 16 January 1997.#Intelligente Systemen, Database toepassingen, Elektronische diensten BV (IDE) v Commission of the European Communities.#Arbitration clause - Software development contract - Claim for payment of balance outstanding and for damages - Counterclaim for repayment of amounts paid on account.#Case C-114/94.

Opinion of the Advocate-General

1 I initially delivered my Opinion in the present case on 28 March 1996. By order of 12 September 1996 the Court (Second Chamber) ordered the reopening of the oral procedure, pursuant to Article 61 of the Rules of Procedure of the Court, following the untimely death on 1 June 1996 of Mr F.A. Schockweiler, the Judge-Rapporteur.

2 Since none of the persons entitled to submit oral observations at this stage of the proceedings has expressed an interest in so doing, the Court has not set a date for a new hearing.

3 That being so, I have nothing to add to my Opinion of 28 March 1996.