Opinion of the Advocate General — ECLI:EU:C:1998:355
Date: 1998-07-14
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Energy;Environment;Waste
Procedure: Arbitration clause
Origin: United Kingdom

Summary of the Judgment
Procedure — Proceedings brought before the Court on the basis of an arbitration clause —Juris­
diction of the Court — Scope and limits
(EC Treaty, Art. 181)
The Court's jurisdiction under an arbitration
clause derogates from the ordinary rules of
law and must therefore be interpreted restric-
tively. The Court may hear and determine
only claims arising from the contract con­
cluded with the Community which contains
the arbitration clause, or claims that are
directly connected with the obligations arising
from that contract.
That condition is not satisfied, in the case of
contracts in the conclusion of which the Com­
munity is represented by the Commission and
which concern the performance of a particular
project, by a plea in law which alleges defa­
matory conduct by a Commission official —·
to the detriment of the other party to the
contract — in the course of meetings between
the Commission and third parties, which arc
unrelated to the contract at issue but concern
rather a request for the funding of a separate
project. Such a plea must accordingly be
regarded as inadmissible.
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