Order — ECLI:EU:T:2016:512
Date: 2016-09-13
Language of the case: French
Court formation: Second Chamber
Subject matter: Public procurement in the European Union
Procedure: Arbitration clause - unfounded
Origin: Belgium

Summary — Order of the General Court (Second Chamber), 13 September 2016 1. Judicial proceedings — General Court seised under an arbitration clause – Contract to supply electricity to buildings of an EU institution providing for the latter to pay a contribution – Finding by the Court of Justice that the Member State concerned failed to fulfil obligations by refusing to grant the EU institutions exemption from that contribution — Application by the EU judicature, in relation to the institution concerned, of national provisions laying down an obligation to pay the contribution — Precluded — Compliance with the authority of res judicata attaching to the judgment of the Court of Justice (Art. 272 TFEU) 2. Judicial proceedings — General Court seised under an arbitration clause — Jurisdiction of the General Court to hear a counterclaim for payment — Basis — No jurisdiction of the General Court to hear an action for a declaration unconnected with the contract (Arts 256(1) TFEU and 272 TFEU) 1. In the case of a contract signed by an EU institution concerning the supply of electricity for its buildings in a region of a Member State and providing for the payment of a contribution to the supplier, the authority of res judicata attaching to a judgment of the Court of Justice finding that the Member State concerned failed to fulfil its obligations by not providing for the EU institutions to be exempted from that contribution is binding on the General Court, as the court with jurisdiction over the contract, where it has to determine, on the basis of an arbitration clause, the application of the provisions with which the judgment of the Court of Justice was concerned. (see paras 43-45) 2. See the text of the decision. (see paras 62-65)