(Case T-245/04)

Arbitration clause – Jurisdiction of the Court of First Instance – Action against a European Economic Interest Grouping and its members and former members – Partial jurisdiction

Procedure – Referral to the Court of First Instance under an arbitration clause (Arts 238 EC and 240 EC) (see paras 111-113, 138-140)

Re:

ACTION pursuant to Article 238 EC seeking an order against all the defendants jointly to repay the amounts paid by the Community in accordance with six contracts concluded in the framework of the Thermie programme and one contract concluded in the framework of the Altener II programme.

Operative part

The Court:

1.Dismisses the action as inadmissible in so far as it relates to Deira SA, Eutec Srl, Mindshare BVBA, Società politecnica italiana recherche e progetti Srl, RPA Spa, Carmen eV, University College Dublin – Energy Research Group, Beneport SA, Europe Information Service SA, Managium SPRL and Aris Hellas EPE;

2.Orders the Commission to bear its own costs with regard to the action brought against Deira, Eutec, Mindshare, Società politecnica italiana recerche e progetti, RPA, Carmen, University College Dublin – Energy Research Group, Beneport, Europe Information Service, Managium and Aris Hellas, and pay the costs of Deira, Eutec, Mindshare, Società politecnica italiana recerche e progetti, RPA, Carmen, University College Dublin – Energy Research Group, Beneport, Europe Information Service and Managium;

3.Orders Aris Hellas to bear its own costs.