CJEU - C 531/12 P / Opinion Commune de Millau and SEMEA v Commission

Key facts of the case:
 
(Appeal — Arbitration clause — Grant contract for a local development action — Recovery of undue payments — Limitation — Enforceability of an arbitration clause — Stipulation for the benefit of a third party)
 
Results (sanctions) and key consequences of the case:
 
 In the light of all the foregoing, I propose that the Court should:
  1. Set aside the judgment of the General Court of 19 September 2012 in Joined Cases T‑168/10 and T‑572/10 European Commission v SEMEA and Commune de Millau in so far as it orders the Commune de Millau, as a debtor jointly and severally liable with SEMEA, to pay EUR 41 012 together with default interest to the European Commission and to bear its own costs and the Commission’s costs in Case T‑572/10;
  2. Set aside the judgment of the General Court of 19 September 2012 in Joined Cases T‑168/10 and T‑572/10 European Commission v SEMEA and Commune de Millau in so far as it orders SEMEA to pay default interest from 27 April 1993 to 18 November 2005;
  3. Dismiss the action brought by the Commission against the Commune de Millau in Case T‑572/10 as inadmissible;
  4. Dismiss SEMEA’s appeal as to the remainder;
  5. Order the Commission to bear the costs incurred by the Commune de Millau and its own costs, and order SEMEA to bear its own costs.
Paragraphs referring to EU Charter: 

 

84-91