Judgment of the General Court (single judge) of 16 December 2010 – Commission v Arci Nuova associazione comitato di Cagliari and Gessa

(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

1.                     Procedure – Referral to the General Court under an arbitration clause – Community judicature having no jurisdiction where the parties have not expressed the intention to confer jurisdiction upon it over a contractual dispute – Contracts concluded between the Commission and an association – Action by the Commission against the President of that association – President not bound by the contracts – Rejection – Joint and several liability of the President under the relevant national law – No effect (Arts 238 EC and 240 EC) (see paras 39-46)

2.                     Budget of the European Communities – Community financial assistance – Obligation on the beneficiary to comply with the conditions for grant of the assistance – Financing covering only expenses actually incurred – Proof of the reality of the expenses declared in the prescribed forms and time-limits – None – Ineligible expenses (Art. 274 EC) (see paras 61-67)

Re:

Operative part

The Court: