EuG · T-449/04

Subject of the case Operative part Subject of the case Re: APPLICATION by the Commission under an arbitration clause within the meaning of Article 238 EC seeking an order that Trends reimburse the Commission in the sum of EUR 195 435 plus contractual interest or, in the alternative, plus default interest. Operative part Operative part The Court: 1. Dismisses the action; 2. Dismisses the interlocutory application; 3. Orders the Commission to pay the costs except for those arising from the interlocutory application; 4. Orders Transport Environment Development Systems (Trends) to pay the costs of the interlocutory application.