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Court actions
Contractual claims

- Court actions against the European Commission (direct [ex-centralised] management)

 

The clauses of the external aid contracts in which the European Commission is the contracting authority designate, as a rule, the Belgian courts in Brussels as competent court for any contractual dispute.

 

The contract, as a rule, encourages the parties to the contract to previously resolve the dispute amicably.

 

These are, however, only general indications; the precise provisions of the contract with respect to dispute settlement have to be applied.

 

- Court actions against the beneficiary third state (indirect [ex-decentralised] management)

 

The clauses of the EU financed external aid contracts in which the administration of the beneficiary third state is the contracting authority, indicate, as a rule, that the contractual dispute is submitted, as last resort, to the decision of a national jurisdiction or arbitration. In the case of EDF financed contracts concluded with the administration of an ACP beneficiary third state, the way such arbitration proceedings are conducted is laid down in the Procedural Rules on Conciliation and Arbitration of Contracts Financed by the European Development Fund pdf - 78 KB [78 KB] español (es) français (fr) , adopted by Decision N° 3/90 of the ACP-EC Council of Ministers of 29 March 1990 (OJ L 382 of 31 December 1990).

 

The contract, as a rule, encourages the parties to the contract to previously resolve the dispute amicably. In the absence of an amicable settlement, the parties may agree to the settlement of the dispute by conciliation.

 

These are, however, only general indications. The precise provisions of the contract with respect to dispute settlement have to be applied.

 

Last update: 26/02/2014 | Top