25.2.2006   

EN

Official Journal of the European Union

C 48/27


Judgment of the Court of First Instance of 14 December 2005 — Greencore Group plc v Commission of the European Communities

(Case T-135/02) (1)

(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)

(2006/C 48/50)

Language of the case: English

Parties

Applicant: Greencore Group plc (Dublin, Ireland) (represented by: A. Böhlke, lawyer)

Defendant: Commission of the European Communities (represented by: initially K. Wiedner, subsequently by P. Oliver and A. Nijenhuis, and finally by A. Nijenhuis and M. Wilderspin, acting as Agents)

Application for

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 of the judgment

The Court:

1)

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;

2)

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


(1)  OJ C 169 of 13. 07. 2002.