Judgment_paragraph 32 · Sofrimport SARL v Commission of the European Communities (C-152/88)

32As the claim relates to the non-contractual liability of the Community under the second paragraph of Article 215, it must be considered in the light of the principles common to the legal systems of the Member States to which that provision refers. According to those principles a claim for interest is, as a general rule, permissible. On the basis of the criteria adopted by the Court in similar cases, the obligation to pay interest arises on the date of this judgment inasmuch as it establishes the obligation to make good the damage (see the judgments of 4 October 1979, referred to above, of 18 May 1983 in Case 256/81 Pauls Agriculture v Council and Commission [1983] ECR 1707, paragraph 17 and of 13 November 1984 in Joined Cases 256/80, 257/80, 265/80 and 267/80, 5/81 and 51/81 and 282/82 Birra Wührer v Council and Commission [1984] ECR 3693, paragraph 37). The rate of interest which it is proper to apply is 8%.

Sofrimport SARL v Commission of the European Communities (C-152/88)

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