Language of document :

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)

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:

dismisses the action so far as brought against Mr Alberto Gessa;

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;

orders Arci Nuova associazione comitato di Cagliari to pay the costs.

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1 - OJ C 220 of 12.9.2009.