CELEX: C2005/045/12
Language: en
Date: 2005-02-19 00:00:00
Title: Judgment of the Court (Second Chamber) of 9 December 2004 in Case C-123/03 P: Commission of the European Communities v Greencore Group plc (Application for annulment of a letter of the Commission — Refusal to pay interest on a sum refunded — Concept of act confirming an earlier act — Payment of the principal sum without interest — No earlier decision to refuse)

19.2.2005   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 45/6
            
         
      JUDGMENT OF THE COURT
   
   (Second Chamber)
   of 9 December 2004
   in Case C-123/03 P: Commission of the European Communities v Greencore Group plc (1)
   
   (Application for annulment of a letter of the Commission - Refusal to pay interest on a sum refunded - Concept of act confirming an earlier act - Payment of the principal sum without interest - No earlier decision to refuse)
   (2005/C 45/12)
   Language of the case: English
   In Case C-123/03 P: appeal under Article 56 of the Statute of the Court of Justice, lodged on 19 March 2003, by the Commission of the European Communities (Agents: K. Wiedner), the other party to the proceedings being: Greencore Group plc, established in Dublin (Ireland), (Represented by: A. Böhlke) – the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, C. Gulmann (Rapporteur), J.-P. Puissochet, N. Colneric and J.N. Cunha Rodrigues, Judges; F.G. Jacobs, Advocate General; L. Hewlett, Principal Administrator, for the Registrar, has given a judgment on 9 December 2004, in which it:
   
               1.
            
            
               Sets aside the order of the Court of First Instance of the European Communities of 7 January 2003 in Case T-135/02 Greencore Group v Commission;
            
         
               2.
            
            
               Rejects the plea of inadmissibility raised by the Commission of the European Communities;
            
         
               3.
            
            
               Reserves the costs.
            
         
      (1)  OJ C 112 of 10.5.2003.