CELEX: 62005TJ0396
Arbitration clause
Contract concerning a project for renovating an urban property complex
Reimbursement of part of the sums advanced
Claim that the Commission be ordered to pay the balance
Counterclaim by the Commission
Action for annulment
Recovery decision
Debit note
Measures of a contractual nature
Inadmissibility
Set-off of claims

–        In Case T-396/05, application for annulment based on Article 230 EC, first, of the Commission decision to recover the advances
paid under its contract with the applicant and, secondly, of the Commission decision to impose a set-off of claims on the
applicant;
–        In Case T-397/05, application based on contractual liability under Article 238 EC, seeking an order that the Commission pay
the balance of the subsidy provided for by that contract.

Operative part
The Court:
1.
In Case T-396/05, dismisses the action as inadmissible in so far as it is directed against debit note No 3240705638 and the
recovery decision contained in the letter of the Commission of the European Communities of 30 August 2005;
2.
In Case T-396/05, no longer finds any need to adjudicate on the application for annulment of the Commission decision contained
in its letter of 5 October 2005 to impose upon Architecture, microclimat, énergies douces – Europe et Sud SARL (ArchiMEDES)
a set-off of their mutual claims;
3.
In Case T-397/05, dismisses the action;
4.
In Case T-397/05, orders ArchiMEDES to pay to the Commission the sum of EUR 148 256.86 together with default interest at the
rate prescribed by French law, without that rate exceeding 5.5% per annum, until the debt is discharged in full;
5.
In Case T-396/05, orders ArchiMEDES to pay, in addition to its own costs, half of the costs incurred by the Commission, including
those relating to the interlocutory proceedings in Case T-396/05 R;
6.
In Case T-397/05, orders ArchiMEDES to pay the costs, including those relating to the interlocutory proceedings in Case T-397/05
R.