Judgments (Information) nº T-135/02 of Court of First Instance of the European Communities, December 14, 2005

• Resolution Date: December 14, 2005
• Issuing Organization: Court of First Instance of the European Communities
• Decision Number: T-135/02

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...