CELEX: 62009CA0317
Language: en
Date: 2010-11-18 00:00:00
Title: Case C-317/09 P: Judgment of the Court (Fifth Chamber) of 18 November 2010 — Architecture, microclimat, énergies douces — Europe et Sud SARL (ArchiMEDES) v 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)

15.1.2011   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 13/13
            
         Judgment of the Court (Fifth Chamber) of 18 November 2010 — Architecture, microclimat, énergies douces — Europe et Sud SARL (ArchiMEDES) v Commission
   (Case C-317/09 P) (1)
   
   (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)
   2011/C 13/21
   Language of the case: French
   
      Parties
   
   
      Appellant: Architecture, microclimat, énergies douces — Europe et Sud SARL (ArchiMEDES) (represented by: P.-P. Van Gehuchten, lawyer)
   
      Other party to the proceedings: European Commission (represented by: E. Manhaeve and S. Delaude, Agents)
   
      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 the 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 set-off of 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 that the co-contractors are jointly and severally liable — Infringement of the rights of the defence and of the right to a fair hearing
   
      Operative part of the judgment
   
   The Court:
   
               1.
            
            
               Dismisses the appeal;
            
         
               2.
            
            
               Orders Architecture, microclimat, énergies douces — Europe et Sud SARL (ArchiMEDES) to pay the costs.
            
         
      (1)  OJ C 267, 07.11.09.