Information;Judgment — ECLI:EU:T:2023:603
Date: 2023-10-04
Language of the case: French
Court formation: Third 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 4 October 2023 – PB v Commission (Case T-407/21) 1 (Public supply contracts – Provision of technical assistance services to the High Judicial Council and to the Ukrainian authorities – Irregularities in the contract award procedure – Recovery of amounts unduly paid – Director of the recipient company – Non-contractual liability) Language of the case: French Parties Applicant: PB (represented by: L. Levi, lawyer) Defendant: European Commission (represented by: J. Estrada de Solà and J. Baquero Cruz, acting as Agents) Re: By his action, the applicant seeks, first, on the basis of Article 263 TFEU, the annulment of Commission Decision C(2021) 3338 final of 5 May 2021 related to the recovery of the amount of EUR 5 038 737.86, plus interest, payable by the director of the company [Confidential] and, second, on the basis of Article 268 TFEU, he seeks an order to the European Commission to pay compensation for the material harm that he alleges he suffered after the adoption of that decision, together with default interest at the rate applied by the European Central Bank (ECB) plus 7 percentage points, as well as the payment of EUR 10 000 in damages, subject to adjustment. Operative part of the judgment The Court: Annuls Commission Decision C(2021) 3338 final of 5 May 2021 related to the recovery of the amount of EUR 5 038 737.86, plus interest, payable by the director of the company [Confidential]; Dismisses the action as to the remainder; Orders PB and the European Commission each to pay their own costs relating to the present proceedings; Orders the Commission to pay the costs relating to the proceedings for interim relief. ____________ 1 OJ C 338, 23.8.2021.