Judgment of the Court of First Instance (Second Chamber) of 14 December 2005 − Greencore Group v Commission
(Case T-135/02)
Compliance with a judgment of the Court of First Instance – Reduction of the fine imposed on the applicant – Failure then refusal of the Commission to pay interest on the sum refunded – Action for annulment – Principle of legal certainty
1. Competition – Fines – Refunding of a sum overpaid with no decision taken as to the request for payment of default interest – Express refusal to pay interest on a subsequent request for this to be paid – Refusal based on the request being made out of time in the light of the earlier implied refusal and the requirements of legal certainty – Unlawful having regard to the circumstances of the case (see paras 56-57, 63-69)
2. Acts of the institutions – Statement of reasons – Obligation – Scope – Decisions – Curing a defect in the statement of reasons during the proceedings before the Court – Not permissible (see para. 58)
3. Appeals – Judgment of the Court of Justice – Binding on the Court of First Instance – Scope (see paras 61-62)
Re:
APPLICATION for the annulment of the decision of 11 February 2002 by which the Commission refused to grant the applicant’s request for default interest to be paid to its subsidiary Irish Sugar plc on the principal sum repaid to the latter to comply with a judgment of the Court of First Instance.
Operative part
The Court:
Annuls the decision of 11 February 2002, by which the Commission refused to grant the applicant’s request for default interest to be paid to its subsidiary Irish Sugar plc on the principal sum repaid to the latter to comply with a judgment of the Court of First Instance;
Orders the Commission to pay the costs, including those relating to the appeal proceedings before the Court of Justice.
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