# C_2005193EN.01000202.xml

| 6.8.2005 | EN | Official Journal of the European Union | C 193/2 |
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6.8.2005

EN

Official Journal of the European Union

C 193/2

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JUDGMENT OF THE COURT

JUDGMENT OF THE COURT

(Third Chamber)

of 16 June 2005

in Case C-125/02: European Parliament v HDI International (1)

1

(Arbitration clause - Insurance policies - Termination on grounds of increase of the risk insured - Abuse - Contractual liability - Damages)

(2005/C 193/03)

Language of the case: French

In Case C-125/02 European Parliament (Agents: D. Petersheim, O. Caisou-Rousseau and M. Ecker) v HDI International (Lawyers: J.-L. Fagnart and L. Vael) — action brought on 5 April 2002 under Article 238 EC — the Court (Third Chamber), composed of A. Rosas, President of the Chamber, R. Schintgen (Rapporteur) and K. Schiemann, Judges; P. Léger, Advocate General; M. Múgica Arzamendi, Principal Administrator, for the Registrar, gave a judgment on 16 June 2005, in which it:

European Parliament

HDI International

| 1. | Holds that the termination of the guarantees in contract no. 5.013.347 notified by HDI International to the European Parliament on 30 October 2001 as well as on 13 and 20 November 2001 constitutes a wrongful termination of that contract; |
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1.

Holds that the termination of the guarantees in contract no. 5.013.347 notified by HDI International to the European Parliament on 30 October 2001 as well as on 13 and 20 November 2001 constitutes a wrongful termination of that contract;

| 2. | Orders HDI International to compensate the damage caused to the European Parliament as a result of the wrongful termination of contract no. 5.013.347; |
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2.

Orders HDI International to compensate the damage caused to the European Parliament as a result of the wrongful termination of contract no. 5.013.347;

| 3. | Holds that the sum due as compensation for the damage which HDI International caused the European Parliament is obtained by multiplying the sum of EUR 389 291,73 by the percentage of premiums which HDI International would have received out of the total of those which the European Parliament should have paid the four co-assurors in respect of the guarantees for the year 2002 and by deducting from the product thus obtained the sum which that institution should have paid HDI International in respect of the cover for its assets in France against all material damage for the year 2002; |
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3.

Holds that the sum due as compensation for the damage which HDI International caused the European Parliament is obtained by multiplying the sum of EUR 389 291,73 by the percentage of premiums which HDI International would have received out of the total of those which the European Parliament should have paid the four co-assurors in respect of the guarantees for the year 2002 and by deducting from the product thus obtained the sum which that institution should have paid HDI International in respect of the cover for its assets in France against all material damage for the year 2002;

| 4. | Holds that the sums due to the European Parliament by HDI International generate interest with effect from 4 April 2002 at the statutory rate applicable in France; |
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4.

Holds that the sums due to the European Parliament by HDI International generate interest with effect from 4 April 2002 at the statutory rate applicable in France;

| 5. | Orders HDI International to pay the costs. |
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5.

Orders HDI International to pay the costs.

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(1)  OJ C 144, 15.06.2002.

1

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