CELEX: 62009TJ0259
Language: en
Date: 2010-12-16 00:00:00
Title: Judgment of the General Court (single Judge) of 16 December 2010. # European Commission v Arci Nuova associazione comitato di Cagliari and Alberto 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. # Case T-259/09.

Judgment of the General Court (single judge) of 16 December 2010 – Commission v Arci Nuova associazione comitato di Cagliari
            and Gessa
      (Case T-259/09)
      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
      
      1.                     Procedure – Referral to the General Court under an arbitration clause – Community judicature having no jurisdiction where
            the parties have not expressed the intention to confer jurisdiction upon it over a contractual dispute – Contracts concluded
            between the Commission and an association – Action by the Commission against the President of that association – President
            not bound by the contracts – Rejection – Joint and several liability of the President under the relevant national law – No
            effect (Arts 238 EC and 240 EC) (see paras 39-46)
      2.                     Budget of the European Communities – Community financial assistance – Obligation on the beneficiary to comply with the conditions
            for grant of the assistance – Financing covering only expenses actually incurred – Proof of the reality of the expenses declared
            in the prescribed forms and time-limits – None – Ineligible expenses (Art. 274 EC) (see paras 61-67)
      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 
      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.