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)
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.
____________1 - OJ C 220 of 12.9.2009.