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Document C2005/045/12

Judgment of the Court (Second Chamber) of 9 December 2004 in Case C-123/03 P: Commission of the European Communities v Greencore Group plc (Application for annulment of a letter of the Commission — Refusal to pay interest on a sum refunded — Concept of act confirming an earlier act — Payment of the principal sum without interest — No earlier decision to refuse)

ĠU C 45, 19.2.2005, p. 6–6 (ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV)

19.2.2005   

EN

Official Journal of the European Union

C 45/6


JUDGMENT OF THE COURT

(Second Chamber)

of 9 December 2004

in Case C-123/03 P: Commission of the European Communities v Greencore Group plc (1)

(Application for annulment of a letter of the Commission - Refusal to pay interest on a sum refunded - Concept of act confirming an earlier act - Payment of the principal sum without interest - No earlier decision to refuse)

(2005/C 45/12)

Language of the case: English

In Case C-123/03 P: appeal under Article 56 of the Statute of the Court of Justice, lodged on 19 March 2003, by the Commission of the European Communities (Agents: K. Wiedner), the other party to the proceedings being: Greencore Group plc, established in Dublin (Ireland), (Represented by: A. Böhlke) – the Court (Second Chamber), composed of: C.W.A. Timmermans, President of the Chamber, C. Gulmann (Rapporteur), J.-P. Puissochet, N. Colneric and J.N. Cunha Rodrigues, Judges; F.G. Jacobs, Advocate General; L. Hewlett, Principal Administrator, for the Registrar, has given a judgment on 9 December 2004, in which it:

1.

Sets aside the order of the Court of First Instance of the European Communities of 7 January 2003 in Case T-135/02 Greencore Group v Commission;

2.

Rejects the plea of inadmissibility raised by the Commission of the European Communities;

3.

Reserves the costs.


(1)  OJ C 112 of 10.5.2003.


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