CELEX: 62009CJ0317
Language: en
Date: 2010-11-18 00:00:00
Title: Judgment of the Court (Fifth Chamber) of 18 November 2010. # Architecture, microclimat, énergies douces - Europe et Sud SARL (ArchiMEDES) v European Commission. # 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. # Case C-317/09 P.

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.