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)  OJ C 267, 07.11.09.