235. However, the Applicants do not clarify how they reached the amounts
they claim by way of default interest.
236. It is a generally accepted principle that the breach of contract will result
in the party at fault being obligated to compensate the counterparty by paying
compensatory interest, calculated at the legal or conventional rate.
237. In the instant case, being a breach of financial obligations arising from
contracts - in this case of a labor nature -, the Court considers that the
Defendant must compensate the Applicants, for its failure, through the
payment of default interest, to be calculated based on the interest rate used
for savings, by the ECOWAS Bank for Investment and Development, from
the date .... of the Defendant's notice, until actual payment.
XIII – COSTS
238. The Applicants sought that the Defendant, the ECOWAS Commission,
be ordered to pay the entire costs.
239. Article 66 (1) of the Court's Rules of Procedure provides that “A
decision as to costs shall be given in the final judgment or in the order, which
closes the proceedings.”
240. Paragraph 2 of the same Article states that “The unsuccessful party is
ordered to pay the costs if so decided.”
241. Thus, in light of the above provisions, the Court considers that the
Defendant, as the losing party, will bear the costs of the proceeding, and the
Chief Registrar is responsible for the settlement of the cost.
XIV – OPERATIVE CLAUSE
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