Official Journal of the European Union

C 180/43

(Joined Cases T-396/05 and T-397/05) (1)

(Arbitration clause - Contract concerning a project of renovation of an urban property complex - Reimbursement of a part of the sums advanced - Claim for the Commission to be ordered to pay the balance - Counterclaim by the Commission - Action for annulment - Recovery decision - Debit note - Measures of a contractual nature - Inadmissibility - Set-off of claims)

2009/C 180/79

Language of the case: French

Parties

Applicant: Architecture, microclimat, énergies douces — Europe et Sud SARL (ArchiMEDES) (Ganges, France) (represented by: P.-P. Van Gehuchten, J. Sambon and R. Reyniers, lawyers)

Defendant: Commission of the European Communities (represented by: initially K. Kańska and E. Manhaeve and subsequently E. Manhaeve, acting as Agents)

Re:

—In Case T-396/05, application for annulment based on Article 230 EC, first, of the Commission decision to recover the advances paid under its contract with the applicant and, secondly, of the Commission decision to impose a set-off of claims on the applicant;

—In Case T-397/05, application based on contractual liability under Article 238 EC, seeking an order that the Commission pay the balance of the subsidy provided for by that contract.

Operative part of the judgment

1.In Case T-396/05, the action is dismissed as inadmissible in so far as it is directed against debit note No 3240705638 and the recovery decision contained in the letter of the Commission of the European Communities of 30 August 2005;

2.In Case T-396/05, there is no longer any need to adjudicate on the application for annulment of the Commission decision contained in its letter of 5 October 2005 to impose upon Architecture, microclimat, énergies douces — Europe et Sud SARL (ArchiMEDES) a set-off of their mutual claims;

3.In Case T-397/05, the action is dismissed;

4.In Case T-397/05, ArchiMEDES is ordered to pay to the Commission the sum of EUR 148 256,86 together with default interest at the rate prescribed by French law, without that rate exceeding 5.5 % per annum, until the debt is discharged in full;

5.In Case T-396/05, ArchiMEDES is ordered to pay, in addition to its own expenses, half of the expenses incurred by the Commission, including those relating to the interlocutory proceedings in Case T-396/05 R;

6.In Case T-397/05, ArchiMEDES is ordered to pay the costs, including those relating to the interlocutory proceedings in Case T-397/05 R.

(1) OJ C 74, 25.3.2006.