Judgment of the Court (Fifth Chamber) 26 November 1985

In Case 318/81

THE COURT (Fifth Chamber) composeOrders CO.DE.MI.d of: Lord Mackenzie Stuart, President, U. Everling (President of Chamber), R. Joliet, O. Due and Y. Galmot, Judges, Advocate General : Sir Gordon Slynn Registrar: H. A. Rühl, Principal Administrator

after hearing the Opinion of the Advocate General delivered at the sitting on 19 March 1985,

gives the following

JUDGMENT

Decision

The claim and counterclaim that the Court should order the cancellation of the contracts in question

The claim and counterclaim for damages

The law applicable to the contracts

CO.DE.MI.'s entitlement to terminate its contractual obligations unilaterally

The Commission's claim for damages

(a) The first head of damage put forward by the Commission: defects in the partially completed buildings

The valuation date

The sums due from CO.DE.MI. in respect of the defects

The management building

The IP building

(b) The second head of damage raised by the Commission: the difference between the advance payments to CO.DE.MI. and the actual value of the work completed

(c) The third head of damage raised by the Commission: the increased costs of the works which will have to be carried out in order to complete the buildings in accordance with the original contract specifications

(d) The fourth head of damage raised by the Commission: the fact that the buildings were not at its disposal on the completion date provided for in the contract

Costs

1 Language of the Case: Italian.