Arbitration clause Agreement entered into as part of support for European discussion projects organised by non governmental organisations for 2003 Action brought against the head of an association No jurisdiction Failure to implement the agreement Repayment of sums advanced
Sumário
Judgment of the General Court (single Judge) of 16 December 2010.
European Commission v Arci Nuova associazione comitato di Cagliari and Alberto Gessa.
Arbitration clause - Agreement entered into as part of support for European discussion projects organised by non-governmental organisations for 2003 - Action brought against the head of an association - No jurisdiction - Failure to implement the agreement - Repayment of sums advanced.
Case T-259/09.
Texto da decisão
Judgment of the General Court (single judge) of 16 December 2010 – Commission v Arci Nuova associazione comitato di Cagliari and Gessa
(Case T-259/09)
Arbitration clause – Agreement entered into as part of support for European discussion projects organised by non-governmental organisations for 2003 – Action brought against the head of an association – No jurisdiction – Failure to implement the agreement – Repayment of sums advanced
1. Procedure – Referral to the General Court under an arbitration clause – Community judicature having no jurisdiction where the parties have not expressed the intention to confer jurisdiction upon it over a contractual dispute – Contracts concluded between the Commission and an association – Action by the Commission against the President of that association – President not bound by the contracts – Rejection – Joint and several liability of the President under the relevant national law – No effect (Arts 238 EC and 240 EC) (see paras 39-46)
2. Budget of the European Communities – Community financial assistance – Obligation on the beneficiary to comply with the conditions for grant of the assistance – Financing covering only expenses actually incurred – Proof of the reality of the expenses declared in the prescribed forms and time-limits – None – Ineligible expenses (Art. 274 EC) (see paras 61-67)
Re:
| ACTION brought under Article 238 EC on the basis of an arbitration clause seeking an order that Arci Nuova associazione comitato di Cagliari and Alberto Gessa, in a personal capacity and jointly and severally, should repay an advance paid by the Commission under the agreement 2003‑1550/001‑001, together with late payment interest. |
Operative part
The Court:
|
1. |
Dismisses the action so far as brought against Mr Alberto Gessa; |
|
2. |
Orders Arci Nuova associazione comitato di Cagliari to repay to the European Commission the principal sum of EUR 15 675, together with late payment interest at the rate of 7.32% from 20 May 2007 until full payment of the debt; |
|
3. |
Orders Arci Nuova associazione comitato di Cagliari to pay the costs. |