Judgment of the Court (Third Chamber) of 16 June 2005 in Case C-124/02: European Parliament v AIG Europe (Arbitration clause — Insurance policies — Termination on grounds of increase of the risk insured — Abuse — Contractual liability — Damages)
Date: 2005-08-06
Institutions: Court of Justice
Subjects: European Parliament, action for annulment (EU), guarantee, insurance, insurance contract

C 193/2

EN

Official Journal of the European Union

6.8.2005

JUDGMENT OF THE COURT

(Third Chamber)

of 16 June 2005

should have paid to the four co-assurors in respect of the guaran-
tees for the year 2002 and by deducting from the product thus
obtained the sum which that institution should have paid to AIG
Europe in respect of the cover for its assets in France against all
material damage for the year 2002;

in Case C-124/02: European Parliament v AIG Europe (1)

5. Holds that the sums due to the European Parliament by AIG
Europe generate interest at the statutory rate with effect from 4
April 2002;

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

6. Orders AIG Europe to pay the costs.

(1) OJ C 144, 15.06.2002.

(2005/C 193/02)

(Language of the case: French)

In Case C-124/02 European Parliament (Agents: D. Peter-
sheim, O. Caisou-Rousseau and M. Ecker) v AIG Europe
(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 Adminis-
trator, for the Registrar, gave a judgment on 16 June 2005, in
which it:

JUDGMENT OF THE COURT

(Third Chamber)

of 16 June 2005

1. Holds that

the termination of

the guarantees in contract no.
5.013.347 notified by AIG Europe to the European Parliament
on 8 October and 5 November 2001 constitutes a wrongful
termination of that contract;

2. Orders AIG Europe to compensate the damage caused to the Euro-
termination of

the wrongful

pean Parliament as a result of
contract no. 5.013.347;

the

firstly,

obtained

3. Holds that the sum due as compensation for the damage which
AIG Europe caused the European Parliament in respect of the year
sum of
by multiplying,
2001 is
EUR 205 131,75 by the percentage of premiums received by
AIG Europe out of the total sum of those due by the Parliament
to the four co-assurors and by multiplying, secondly, the sum of
EUR 178 453,01 by the same percentage. The sum which that
institution paid or should have paid to AIG Europe under the
'labour disputes/terrorist acts' guarantee for its assets in Belgium
and Luxembourg for the period 5 November to 31 December
2001 and in respect of all the guarantees covering its assets in
France for the period 16 November to 31 December 2001 must
then be deducted from the sum of those two products;

in Case C-125/02: European Parliament v HDI

Inter-

national (1)

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

(2005/C 193/03)

(Language of the case: French)

In Case C-125/02 European Parliament (Agents: D. Peter-
sheim, 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 Adminis-
trator, for the Registrar, gave a judgment on 16 June 2005, in
which it:

4. Holds that the sum due as compensation for the damage which
AIG Europe caused the European Parliament in respect of the year
2002 is obtained by multiplying the sum of EUR 389 291,73
by the percentage of premiums which AIG Europe would have
received out of the total of those which the European Parliament

1. Holds that

the termination of

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