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.

Subject of the case

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

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.