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Case T-384/19: Judgment of the General Court of 29 September 2021 — Parliament v Axa Assurances Luxembourg and Others (Arbitration clause — ‘Construction all-risk’ insurance contract — Extension and renovation of the Konrad Adenauer building in Luxembourg — Damage caused by rainwater — Claim for reimbursement of costs and for payment of the indemnity — Scope of the insurance — Exclusion clause — Ancillary procedural obligations — Procedure by default in part)
ECLI:EU:UNKNOWN:62019TA0384
62019TA0384
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22.11.2021
Official Journal of the European Union
C 471/43
(Case T-384/19) (<span class="oj-super oj-note-tag">1</span>)
(Arbitration clause - ‘Construction all-risk’ insurance contract - Extension and renovation of the Konrad Adenauer building in Luxembourg - Damage caused by rainwater - Claim for reimbursement of costs and for payment of the indemnity - Scope of the insurance - Exclusion clause - Ancillary procedural obligations - Procedure by default in part)
(2021/C 471/59)
Language of the case: French
Parties
Applicant: European Parliament (represented by: E. Paladini and B. Schäfer, acting as Agents, and by C. Point and P. Hédouin, lawyers)
Defendants: Axa Assurances Luxembourg SA (Luxembourg, Luxembourg), Bâloise Assurances Luxembourg SA (Luxembourg), La Luxembourgeoise SA (Luxembourg) (represented by: C. Collarini and S. Denu, lawyers), Nationale-Nederlanden Schadeverzekering Maatschappij NV
Re:
Application under Article 272 TFEU seeking an order that the defendants reimburse the costs related to the water damage caused to the Konrad Adenauer building in Luxembourg following heavy rainfall on the site on 27 and 30 May 2016.
Operative part of the judgment
The General Court:
1.Orders Nationale-Nederlanden Schadeverzekering Maatschappij NV to reimburse the sum of EUR 79 653,89 to the European Parliament together with statutory interest for late payment relating thereto as from 22 December 2017, the rate of which is the sum of the interest rate applied by the European Central Bank (ECB) to its main refinancing operations and eight percentage points;
2.Dismisses the action as to the remainder;
3.Orders Nationale-Nederlanden Schadeverzekering Maatschappij to bear the costs of the default procedure concerning it;
4.Orders the Parliament, in addition to bearing its own costs, to pay two thirds of the costs incurred by Axa Assurances Luxembourg SA, Bâloise Assurances Luxembourg SA and La Luxembourgeoise SA.
(<span class="oj-super">1</span>) OJ C 288, 26.8.2019.