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Judgment of the Court of First Instance (Fifth Chamber) of 10 June 2009. # Architecture, microclimat, énergies douces - Europe et Sud SARL (ArchiMEDES) v Commission of the European Communities. # Arbitration clause - Contract concerning a project for renovating an urban property complex - Reimbursement of part of the sums advanced - Claim that the Commission 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. # Joined cases T-396/05 and T-397/05.
ECLI:EU:T:2009:184
62005TJ0396
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(Joined Cases T-396/05 and T-397/05)
Arbitration clause – Contract concerning a project for renovating an urban property complex – Reimbursement of part of the sums advanced – Claim that the Commission 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
4. Procedure – Referral to the Court of First Instance under an arbitration clause – Contract granting Community financial assistance for carrying out a project for renovating an urban property complex – Unilateral termination of the contract by the Commission (Art. 238 EC) (see paras 125-134, 137-139)
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
The Court:
4. In Case T-397/05, orders ArchiMEDES 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;