CELEX: 62009TA0259
Language: en
Date: 2010-12-16 00:00:00
Title: Case T-259/09: Judgment of the General Court of 16 December 2010 — Commission v Arci Nuova associazione comitato di Cagliari and Gessa (Arbitration clause — Agreement entered into as part of support for European discussion projects organised by non-governmental organisations for 2003 — Action brought against the head of an association — No jurisdiction — Failure to implement the agreement — Repayment of sums advanced)

5.2.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 38/13
            
         Judgment of the General Court of 16 December 2010 — Commission v Arci Nuova associazione comitato di Cagliari and Gessa
   (Case T-259/09) (1)
   
   (Arbitration clause - Agreement entered into as part of support for European discussion projects organised by non-governmental organisations for 2003 - Action brought against the head of an association - No jurisdiction - Failure to implement the agreement - Repayment of sums advanced)
   2011/C 38/22
   Language of the case: Italian
   
      Parties
   
   
      Applicant: European Commission (represented by: A. M. Rouchaud-Joët and N. Bambara, agents, and by M. Moretto, lawyer)
   
      Defendant: Arci Nuova associazione comitato di Cagliari (Cagliari, Italy) (represented initially by S. Diana, then by P. Aureli, lawyers); and Alberto Gessa (Cagliari, Italy)
   
      Re:
   
   Action brought under Article 238 EC on the basis of an arbitration clause seeking an order that Arci Nuova Associazione Comitato di Cagliari and Alberto Gessa, in a personal capacity and jointly and severally, should repay an advance paid by the Commission under the agreement 2003-1550/001-001, together with late payment interest.
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               dismisses the action so far as brought against Mr Alberto Gessa;
            
         
               2.
            
            
               orders Arci Nuova associazione comitato di Cagliari to repay to the European Commission the principal sum of EUR 15 675, together with late payment interest at the rate of 7,32 % from 20 May 2007 until full payment of the debt;
            
         
               3.
            
            
               orders Arci Nuova associazione comitato di Cagliari to pay the costs.
            
         
      (1)  OJ C 220 of 12.9.2009.