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
Sumário
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.
Texto da decisão
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. |