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Case T-259/09: 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)
ECLI:EU:UNKNOWN:62009TA0259
62009TA0259
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Official Journal of the European Union
C 38/13
(Case T-259/09) (<span class="super">1</span>)
(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)
2011/C 38/22
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:
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.
(<span class="super">1</span>) OJ C 220 of 12.9.2009.