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.

Subject of the case

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

Operative part

The Court:

1. Dismisses the appeal;

2. Orders Architecture, microclimat, énergies douces – Europe et Sud SARL (ArchiMEDES) to pay the costs.