Official Journal of the European Union

C 317/8

(Case C-132/09) (<span class="super">1</span>)

(Failure of a Member State to fulfil obligations - Jurisdiction of the Court - Statute of the European Schools - Establishment Agreement of 1962 - Conventions of 1957 and 1994 - Arbitration clause - Article 10 EC - Financing of the European Schools - Costs of furniture and teaching equipment)

2010/C 317/15

Language of the case: French

Parties

Applicant: European Commission (represented by: J.-P. Keppenne and B. Eggers, acting as Agents)

Defendant: Kingdom of Belgium (represented by: J.-C. Halleux, acting as Agent)

Re:

Failure of a Member State to fulfil obligations — Failure to have regard to the third paragraph of Article 1 of the Agreement signed on 12 October 1962 between the Board of Governors of the European Schools and the Kingdom of Belgium (‘the Establishment Agreement’) and of Article 10 EC — Refusal by the Belgian authorities to pay the expenses for teaching equipment and materials for the European Schools — Justified on the basis of the internal legal order — Absence of a succession of established acts or declarations of the parties, within the meaning of Article 31(3)(a) and (b) of the Vienna Convention on the Law of Treaties, calling into question the Establishment Agreement

Operative part of the judgment

The Court:

1.Declares that the Court of Justice of the European Union does not have jurisdiction to rule on the action of the European Commission, brought on the basis of Article 226 EC, on the ground that the Kingdom of Belgium has failed to fulfil its obligations under the Establishment Agreement concluded on 12 October 1962 between the Board of Governors of the European School and the Government of the Kingdom of Belgium, read in conjunction with Article 10 EC;

2.Orders the European Commission to pay the costs.

(<span class="super">1</span>) OJ C 153, 04.07.2009.