Arbitration clause - Non-performance of contract - Counterclaim.

Case T-29/02 Global Electronic Finance Management (GEF) SA v Commission of the European Communities (Arbitration clause – Non-performance of contract – Counterclaim) Judgment of the Court of First Instance (First Chamber, Extended Composition), 15 March 2005 Summary of the Judgment 1.     Procedure – Referral to the Court of First Instance under an arbitration clause – Jurisdiction of the Court of First Instance to hear a counterclaim – Basis (Art. 238 EC; Rules of Procedure of the Court of First Instance, Art. 113; Council Decision 88/591, Art. 3(1)(c)) 2.     Procedure – Referral to the Court of First Instance under an arbitration clause – Application of the national law governing the contract – Interpretation of the contract in the light of its context – Contract granting Community financial assistance in return for undertakings given by the recipient – Non-implementation 3.     Procedure – Referral to the Court of First Instance under an arbitration clause – Contract providing for Community financial assistance for a research and development project – Request for reimbursement of certain costs – Counterclaim by the Commission for reimbursement of overpayment (Art. 238 EC; Council Decisions 94/763 and 94/802) JUDGMENT OF THE COURT OF FIRST INSTANCE (First Chamber, Extended Composition)15 March 2005(1) (Arbitration clause – Non-performance of contract – Counterclaim) applicant, v defendant, THE COURT OF FIRST INSTANCEOF THE EUROPEAN COMMUNITIES (First Chamber, Extended Composition), gives the following On those grounds, THE COURT OF FIRST INSTANCE (First Chamber, Extended Composition) Vesterdorf Jaeger Mengozzi Martins Ribeiro Dehousse H. Jung B. Vesterdorf Registrar President Table of contents 1 – Language of the case: English.