62009CJ0317_EN
Subject of the case
Operative part
Subject of the case
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
Operative part
The Court:
1. Dismisses the appeal;
2. Orders Architecture, microclimat, énergies douces – Europe et Sud SARL (ArchiMEDES) to pay the costs.