Judgment of the Court (Third Chamber) of 16 June 2005 in Case C-125/02: European Parliament v HDI International (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;

6.8.2005

EN

Official Journal of the European Union

C 193/3

2. Orders HDI International to compensate the damage caused to
the European Parliament as a result of the wrongful termination
of contract no. 5.013.347;

3. Holds that the sum due as compensation for the damage which
HDI International caused the European Parliament is obtained by
multiplying the sum of EUR 389 291,73 by the percentage of
premiums which HDI International would have received out of the
total of those which the European Parliament should have paid the
four co-assurors in respect of the guarantees for the year 2002
and by deducting from the product thus obtained the sum which
that institution should have paid HDI International in respect of
the cover for its assets in France against all material damage for
the year 2002;

1. Annuls Commission Decision 2002/461/EC of 12 June 2002
on the clearance of the accounts of Member States' expenditure
financed by the European Agricultural Guidance and Guarantee
Fund (EAGGF), Guarantee Section, for the 2001 financial year in
so far as Annex I thereto includes in the amount recoverable from
the Kingdom of Spain a financial correction of the accounts of the
Castilla-La Mancha paying agency corresponding to the amount
of the compensatory allowances;

2. Dismisses the remainder of the action;

3. Orders the Kingdom of Spain and the Commission of the Euro-

pean Communities to bear their own costs.

4. Holds that the sums due to the European Parliament by HDI
International generate interest with effect from 4 April 2002 at
the statutory rate applicable in France;

(1) OJ C 233, 28.9.2002.

5. Orders HDI International to pay the costs.

(1) OJ C 144, 15.06.2002.

JUDGMENT OF THE COURT

(Third Chamber)

of 9 June 2005

in Case C-287/02: Kingdom of Spain v Commission of the
European Communities (1)

(EAGGF — Clearance of accounts — 2001 financial year —
Detailed implementing rules)

(2005/C 193/04)

(Language of the case: Spanish)

In Case C-287/02: Kingdom of Spain (Agent: L. Fraguas Gadea)
v Commission of
the European Communities (Agents: M.
Niejahr and S. Pardo Quintillán) — action for annulment under
Article 230 EC, brought on 9 August 2002 — the Court (Third
Chamber), composed of A. Rosas, President of the Chamber, A.
Borg Barthet, J.-P. Puissochet, S. von Bahr and J. Malenovský
(Rapporteur), Judges; F.G. Jacobs, Advocate General; R. Grass,
Registrar, gave a judgment on 9 June 2005, in which it:

JUDGMENT OF THE COURT OF JUSTICE

(Grand Chamber)

of 16 June 2005

in Case C-105/03, Reference for a preliminary ruling from
the Tribunale di Firenze (Italy), in criminal proceedings
against Maria Pupino (1)

34

EU and

(Police and judicial cooperation in criminal matters — Arti-
cles
EU — Framework Decision
2001/220/JHA — Standing of victims in criminal proceed-
ings — Protection of vulnerable persons — Hearing of
minors as witnesses — Effects of a framework decision)

35

(2005/C 193/05)

(Language of the case: Italian)

In Case C-105/03: reference for a preliminary ruling under
Article 35 EU, by the judge in charge of preliminary enquiries
the Tribunale di Firenze (Italy), made by decision of 3
at
in
February 2003, received at the Court on 5 March 2003,
criminal proceedings against Maria Pupino — the Court (Grand
Chamber), composed of V. Skouris, President, P. Jann, C.W.A.
Timmermans, A. Rosas, R. Silva de Lapuerta and A. Borg
Barthet, Presidents of Chambers, N. Colneric, S. von Bahr, J.N.
Cunha Rodrigues (Rapporteur), P. Kūris, E. Juhász, G. Arestis
and M. Ilešič, Judges; J. Kokott, Advocate General, L. Hewlett,
Principal Administrator, for the Registrar, gave a judgment on
16 June 2005, the operative part of which is as follows: