Judgment of the General Court (Sixth Chamber) of 6 June 2019
Judgment of the General Court (Sixth Chamber) of 6 June 2019
Data
- Court
- General Court
- Case date
- 6 juni 2019
Verdict
Judgment of the General Court (Sixth Chamber) of 6 June 2019 –
EIB v Syria
(Case T‑591/17)
"(Arbitration clause - Water Supply Deir Ez Zor Region Loan Agreement No 80310 - Non-performance of the agreement - Repayment of the sums advanced - Default interest - Procedure by default)"
1. Judicial proceedingsGeneral Court seised under an arbitration clauseLoan agreement concluded between the European Investment Bank and SyriaJurisdiction of the General Court defined by Articles 256 and 272 TFEU and the arbitration clause
(Arts 256(1) and 272 TFEU)
(see paras 14, 15)
2. Judicial proceedingsGeneral Court seised under an arbitration clauseLoan agreement concluded between the European Investment Bank and SyriaBreach by Syria of its contractual obligationsAction brought by the Bank on behalf of the European UnionAdmissibilityCommission instructing the Bank to initiate recovery procedures on behalf the European Union
(Arts 256(1) and 272 TFEU)
(see paras 18-20)
3. Judicial proceedingsApplication initiating proceedingsFormal requirementsIdentification of the subject matter of the disputeBrief summary of the pleas in law on which the application is basedApplication in the context of a loan agreement for any installments falling due and remaining unpaid after the date of the applicationHypothetical circumstances not yet establishedInadmissibility
(Rules of Procedure of the General Court, Art. 76(d))
(see paras 22-26)
Re:
Action pursuant to Article 272 TFEU, seeking an order that the Syrian Arab Republic repay sums due under Water Supply Deir Ez Zor Region Loan Agreement No 80310, plus default interest.
Operative part
The Court:
1. Orders the Syrian Arab Republic to repay the European Union, represented by the European Investment Bank (EIB), the sum of EUR 404 425.58;
2. Declares that that sum is to bear default interest, on the principle amounts and on the contractual interest, at the annual rate of 3.5%, from 25 August 2017 until the date that payment is made;
3. Dismisses the action as to the remainder;
4. Orders the Syrian Arab Republic to pay the costs.