# C_2020061EN.01005801.xml

| 24.2.2020 | EN | Official Journal of the European Union | C 61/58 |
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24.2.2020

EN

Official Journal of the European Union

C 61/58

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Action brought on 30 December 2019 — Marc Folschette and Others v Commission

(Case T-884/19)

(2020/C 61/74)

Language of the case: French

Parties

Applicants: Marc Folschette (Leudelange, Luxembourg), Tetyana Grygorenko (Leudelange) and Professional Business Solutions SA (Leudelange) (represented by: N. Bauer, lawyer)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

| — | allow the application in its present form; |
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allow the application in its present form;

| — | declare that the application is substantiated; |
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declare that the application is substantiated;

| — | declare that the non-contractual liability of the defendant is incurred; |
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declare that the non-contractual liability of the defendant is incurred;

| — | order the defendant, in respect of the heads of claim set out below, to pay to:






  — | Mr Marc Folschette the total amount of EUR 219 210 (in words: two hunded and twenty-four thousand and twenty-five euros and ninety-five cents); |
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order the defendant, in respect of the heads of claim set out below, to pay to:

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Mr Marc Folschette the total amount of EUR 219 210 (in words: two hunded and twenty-four thousand and twenty-five euros and ninety-five cents);

| — | Ms Tetyana Grygorenko the total amount of EUR 75 000 (in words: seventy-five thousand euros); |
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Ms Tetyana Grygorenko the total amount of EUR 75 000 (in words: seventy-five thousand euros);

| — | the private joint stock company, Professional Business Solutions SA, the total amount of EUR 500 000 (in words: five hundred thousand euros); |
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the private joint stock company, Professional Business Solutions SA, the total amount of EUR 500 000 (in words: five hundred thousand euros);

| — | together with statutory interest at the rate prescribed by law, from the acquittal judgment of the Court of Appeal of 11 January 2017, or, in the alternative, from the date of the present application until final settlement; |
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together with statutory interest at the rate prescribed by law, from the acquittal judgment of the Court of Appeal of 11 January 2017, or, in the alternative, from the date of the present application until final settlement;

| — | order the defendant to pay the costs of the proceedings; |
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order the defendant to pay the costs of the proceedings;

| — | reserve for the applicants all other rights, pleas and actions. |
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reserve for the applicants all other rights, pleas and actions.

Pleas in law and main arguments

In support of the action, the applicants rely on a single plea in law, alleging a sufficiently serious infringement of a rule of EU law intended to confer rights on individuals. The applicants complain that the European Anti-Fraud Office (OLAF), which is a service of the European Commission, infringed intentionally and sufficiently seriously several rules of EU law, in serious and manifest disregard of the limits imposed on its discretion. OLAF did not comply with its obligation to respect the presumption of innocence or its legal obligation to investigate both inculpatory and exculpatory evidence and to close the investigation where no inculpatory evidence has come to light. Those failures to fulfil its obligations are the direct cause of actual, certain and direct damage suffered by the applicants and in respect of which they claim compensation on the basis of Articles 340 and 268 TFEU.

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