CELEX: 62009CJ0317
Appeal
Set-off of claims governed by separate legal orders
Application for repayment of sums advanced
Principle of litis denuntiatio
Rights of the defence and right to a fair hearing

Appeal brought against the judgment of the Court of First Instance (Fifth Chamber) of 10 June 2009 in Joined Cases T‑396/05
and T‑397/05
ArchiMEDES
v
Commission
, by which that court dismissed the action brought by the applicant at first instance seeking, first, annulment of the Commission’s
decisions to recover certain sums paid under a contract with the applicant and to set off their reciprocal claims and, second,
an order for the Commission to pay the remainder of the balance due under that contract – Non-applicability of the principle
of
litis denuntiatio
– Rejection of the claim for the co-contractors to be held jointly and severally liable – Infringement of the rights of the
defence and of the right to a fair hearing.
Operative part
The Court:
1.
Dismisses the appeal;
2.
Orders Architecture, microclimat, énergies douces – Europe et Sud SARL (ArchiMEDES) to pay the costs.