Judgment of the Court of First Instance (Eighth Chamber) of 19 November 2008.#Commission of the European Communities v B2 Test SA.#Arbitration clause - Contract concluded in the framework of the specific programme for research and technological development, including demonstration, in the field of industrial and materials technologies (1994-1998) - Breach of contract - Repayment of balance of advance paid by the Commission.#Case T-317/07.

Subject of the case

Re:

APPLICATION under Article 238 EC seeking to obtain repayment of the balance of the advance paid by the European Community, plus late-payment interest thereon, in the framework of the contract BRST-CT-98-5452, and the payment of damages with interest.

Operative part

Operative part

The Court:

1. Orders B2 Test SA to repay to the Commission the principal sum of EUR 43 437.94, increased by late-payment interest at the statutory annual rate applicable in France, from 31 July 2002 until the debt has been paid in full;

2. Dismisses the action as to the remainder;

3. Orders B2 Test to pay the costs.