Judgment of the General Court (Seventh Chamber) of 7 December 2010 – Commission v Commune de Valbonne
(Case T-238/08)
Arbitration clause – Research and training contract relating to a mutual education project between the city of Valbonne (France) and the province of Ascoli Piceno (Italy) – Application for reimbursement of advance payments
1. Procedure – Referral to the General Court under an arbitration clause – Contract subject to national law – Interpretation of the contract having regard to national law – Conditions – Insufficiency of the contractual clauses to resolve the dispute – Doubt as to the content or meaning of the contract (Art. 238 EC) (see paras 52-53)
2. Procedure – Referral to the General Court under an arbitration clause – Contract granting Community financial assistance for a mutual education project between various European municipalities – Final report of the contracting parties concerning that project having been tacitly approved by the Commission – Demand for repayment of an advance, with interest – Rejection (Art. 238 EC) (see paras 57, 77-94)
3. Procedure – Introduction of new pleas during the proceedings – Conditions – New plea – Concept – Applicability to disputes referred to the General Court under an arbitration clause (Rules of Procedure of the General Court, Arts 44(1)(c) and 48(2)) (see paras 67-69)
Re:
ACTION based on an arbitration clause in accordance with Article 238 EC seeking an order that the Commune de Valbonne reimburse advance payments made by the European Commission, together with late-payment interest, in connection with Contract Valaspi MM 1027 of 29 December 1997.
Operative part
The Court:
1.
Dismisses the action;
2.
Orders the European Commission to pay the costs.
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