Access to European Union law
<a href="https://eur-lex.europa.eu/content/help/eurlex-content/experimental-features.html" target="_blank">More about the experimental features corner</a>
Choose the experimental features you want to try
EUR-Lex
Access to European Union law

This document is an excerpt from the EUR-Lex website

You are here
Use quotation marks to search for an "exact phrase". Append an asterisk (*) to a search term to find variations of it (transp*, 32019R*). Use a question mark (?) instead of a single character in your search term to find variations of it (ca?e finds case, cane, care).
Search tips
Need more search options? Use the Advanced search

Document 62002TJ0135

Judgment of the Court of First Instance (Second Chamber) of 14 December 2005.
Greencore Group plc v Commission of the European Communities.
Compliance with a judgment of the Court of First Instance - Reduction of the fine imposed on the applicant - Failure then refusal of the Commission to pay interest on the sum refunded - Action for annulment - Principle of legal certainty.
Case T-135/02.

European Court Reports 2005 II-00031*

ECLI identifier: ECLI:EU:T:2005:457

Date of document:
14/12/2005
Date lodged:
25/04/2002
Author:
General Court
Country or organisation from which the request originates:
Ireland
Form:
Judgment
Authentic language:
English
Type of procedure:
Action for annulment - successful
Applicant:
Individual
Defendant:
European Commission, EU institutions and bodies
Judge-Rapporteur:
Forwood
Treaty:
Treaty establishing the European Economic Community
Link
Select all documents mentioning this document
Instruments cited in case law:
Notes relating to the decision:
  • 1. Zivy, Fabien: Procédure contentieuse - Recours en annulation - Exécution d'un arrêt - Réduction d'une amende - Refus d'assortir le montant restitué d'intérêts: La Commission a erronément opposé la forclusion à Greencore, Concurrences : revue des droits de la concurrence 2006 nº 1 p.180 (FR)
  • 2. Mariatte, Flavien: Effets des arrêts d'annulation, Europe 2006 Février Comm. nº 35 p.12 (FR)





Judgment of the Court of First Instance (Second Chamber) of 14 December 2005 − Greencore Group v Commission

(Case T-135/02)

Compliance with a judgment of the Court of First Instance – Reduction of the fine imposed on the applicant – Failure then refusal of the Commission to pay interest on the sum refunded – Action for annulment – Principle of legal certainty

1.                     Competition – Fines – Refunding of a sum overpaid with no decision taken as to the request for payment of default interest – Express refusal to pay interest on a subsequent request for this to be paid – Refusal based on the request being made out of time in the light of the earlier implied refusal and the requirements of legal certainty – Unlawful having regard to the circumstances of the case (see paras 56-57, 63-69)

2.                     Acts of the institutions – Statement of reasons – Obligation – Scope – Decisions – Curing a defect in the statement of reasons during the proceedings before the Court – Not permissible (see para. 58)

3.                     Appeals – Judgment of the Court of Justice – Binding on the Court of First Instance – Scope (see paras 61-62)

Re:

APPLICATION for the annulment of the decision of 11 February 2002 by which the Commission refused to grant the applicant’s request for default interest to be paid to its subsidiary Irish Sugar plc on the principal sum repaid to the latter to comply with a judgment of the Court of First Instance.

Operative part

The Court:

 

Annuls the decision of 11 February 2002, by which the Commission refused to grant the applicant’s request for default interest to be paid to its subsidiary Irish Sugar plc on the principal sum repaid to the latter to comply with a judgment of the Court of First Instance;

 

Orders the Commission to pay the costs, including those relating to the appeal proceedings before the Court of Justice.

Top