Judgment of the General Court of 6 July 2022 – HB v Commission
(Case T-408/21) 1
(Public service contracts – Provision of technical assistance services to the High Judicial Council and to the Ukrainian authorities – Irregularities in the contract award procedures – Recovery of sums wrongly paid – Enforceable decisions – Article 299 TFEU – Competence of the author of the act – Non-contractual liability of the Union)
Language of the case: French
Parties
Applicant: HB (represented by: L. Levi, lawyer)
Defendant: European Commission (represented by: B. Araujo Arce, J. Estrada de Solà and J. Baquero Cruz, acting as Agents)
Re:
By her action, the applicant seeks, first, on the basis of Article 263 TFEU, the annulment of Commission Decision C(2021) 3339 final of 5 May 2021 relating to the recovery of a debt in the amount of EUR 4 241 507.00 payable by the applicant under the contract with reference TACIS/2006/101-510, and of Commission Decision C(2021) 3340 final of 5 May 2021 relating to the recovery of a debt in the amount of EUR 1 197 055.86 payable by the applicant under the contract with reference CARDS/2008/166-429; and, secondly, on the basis of Article 268 TFEU, the reimbursement of any amounts recovered by the European Commission on the basis of those decisions, together with late-payment interest at the rate applied by the European Central Bank (ECB) plus seven points, and the payment of symbolic damages of EUR 1, subject to increase, for the non-material damage which she claims to have suffered.
Operative part of the judgment
The Court:
Annuls Commission Decision C(2021) 3339 final of 5 May 2021 relating to the recovery of a debt of EUR 4 241 507 payable by HB and Commission Decision C(2021) 3340 final of 5 May 2021 relating to the recovery of a debt of EUR 1 197 055.86 payable by HB;
Dismisses the action as to the remainder;
Orders HB and the European Commission each to bear their own costs, including those relating to the interlocutory proceedings.
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1     OJ C 338, 23.8.2021.