Judgment — ECLI:EU:T:2010:551
Date: 2010-12-17
Language of the case: Italian
Court formation: Eighth Chamber
Based on: Treaty establishing the European Atomic Energy Community (1957)
Subject matter: Public procurement in the European Union
Procedure: Arbitration clause - successful
Origin: Italy

Summary of the Judgment 1. Procedure – Referral to the General Court under an arbitration clause – Jurisdiction of the General Court provided for in the arbitration clause (Art. 225 EC; Art. 140a EA; Statute of the Court of Justice, Art. 51) 2. Procedure – Referral to the General Court under an arbitration clause – Jurisdiction of the General Court defined solely by Article 238 EC or by Article 153 EA and the arbitration clause (Art. 238 EC; Art. 153 EA) 1. The Court’s jurisdiction is as laid down in Article 225 EC and Article 140a EA, as further specified by Article 51 of the Statute of the Court of Justice. Under those provisions, the Court has jurisdiction to rule on contractual disputes brought before it only by virtue of an arbitration clause. That jurisdiction, which is based on an arbitration clause, derogates from the ordinary rules of law and must therefore be given a restrictive interpretation. (see para. 32) 2. The jurisdiction of the Courts of the European Union to determine, under an arbitration clause, a dispute concerning a contract falls to be determined solely with regard to Article 238 EC or Article 153 EA and the terms of the arbitration clause itself, and this cannot be affected by provisions of national law which allegedly exclude their jurisdiction. It follows that, although a contract which contains an arbitration clause within the meaning of Article 238 EC or Article 153 EA is governed by national law as stipulated in that contract, the jurisdiction of the Courts of the Union is governed solely by the treaty in question and the stipulations of the arbitration clause itself and national law cannot preclude the jurisdiction of the Courts of the Union. This also holds true where the contract itself stipulates specific approval in writing. (see paras 33, 37)