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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.
ECLI:EU:T:2010:536
62009TJ0259
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(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
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.