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.

Subject of the case

Re:

–

Operative part

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:

1. In Case T-396/05, dismisses the action 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, no longer finds 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, dismisses the action;

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;

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

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