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.
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