Judgment;Information — ECLI:EU:T:2022:542
Date: 2022-09-14
Language of the case: French
Court formation: Second Chamber
Subject matter: Freedom to provide services;Public procurement in the European Union
Procedure: Action for damages - unfounded;Action for annulment - successful

Judgment of the General Court of 14 September 2022 – PB v Commission (Case T-775/20) 1 (Public supply contracts – Provision of technical assistance services to the High Judicial Council and the Ukrainian authorities – Irregularities in the procedure for awarding contracts – Recovery of amounts unduly paid – Debit note – Director of the company – Legal basis – Non-contractual liability) Language of the case: French Parties Applicant: PB (represented by: L. Levi, lawyer) Defendant: European Commission (represented by: J. Baquero Cruz, J. Estrada de Solà and A. Katsimerou, acting as Agents) Intervener in support of the defendant: Council of the European Union (represented by E. Rebasti and I. Demoulin, acting as Agents) Re: By his action, the applicant seeks, first, on the basis of Article 263 TFEU, annulment of Commission Decision C(2020) 7151 final of 22 October 2020 concerning the application of an administrative measure against the director of the company [Confidential], withdrawing the amounts unduly received under the contract with reference number TACIS/2006/101-510 and the contract with reference number CARDS/2008/166-429, and, second, under the second paragraph of Article 340 TFEU, repayment of any amounts recovered by the European Commission on the basis of that decision together with the payment of EUR 10 000 in damages, subject to completion of the proceedings. Operative part of the judgment The Court: Annuls Commission Decision C(2020) 7151 final of 22 October 2020 concerning the application of an administrative measure against the director of the company [Confidential], withdrawing the amounts unduly received under the TACIS/2006/101-510 and CARDS/2008/166-429 contracts; Dismisses the action as to the remainder; Orders PB, the European Commission and the Council of the European Union to each bear their own costs. ____________ 1 OJ C 72, 1.3.2021.