Judgment — ECLI:EU:T:2010:536
Date: 2010-12-16
Language of the case: Italian
Court formation: Single Judge
Subject matter: Culture
Procedure: Arbitration clause - unfounded;Arbitration clause - successful
Origin: Italy

Judgment of the General Court of 16 December 2010 -Commission v Arci Nuova associazione comitato di Cagliari and Gessa (Case T-259/09) 1 (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) Language of the case: Italian Parties Applicant: European Commission (represented by: A. M. Rouchaud-Joët and N. Bambara, agents, and by M. Moretto, lawyer) Defendant: Arci Nuova associazione comitato di Cagliari (Cagliari, Italy) (represented initially by S. Diana, then by P. Aureli, lawyers); and Alberto Gessa (Cagliari, Italy) 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 of the judgment The Court: dismisses the action so far as brought against Mr Alberto Gessa; 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; orders Arci Nuova associazione comitato di Cagliari to pay the costs. ____________ 1 - OJ C 220 of 12.9.2009.