Judgment — ECLI:EU:C:2010:700
Date: 2010-11-18
Language of the case: French
Court formation: Fifth Chamber
Subject matter: General provisions;Energy
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible;Arbitration clause
Origin: France

Judgment of the Court (Fifth Chamber) of 18 November 2010 – ArchiMEDES v Commission (Case C‑317/09 P) 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 1. Procedure – Statement of reasons for judgments – Scope (Statute of the Court of Justice, Art. 36) (see paras 76-78) 2. Appeals – Grounds – Plea submitted for the first time in the context of the appeal – Inadmissibility (see paras 88-91) 3. Appeals – Grounds – Grounds of a judgment vitiated by an infringement of Union law (see para 105) 4. Appeals – Grounds – Plea in law to the effect that there is no mechanism for the joinder of a third party (see paras 121-125) 5. Appeals – Grounds – Mere repetition of the pleas and arguments put forward before the Court of First Instance – Inadmissibility (see paras 130-134) Re: 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.