Case T-126/23: Judgment of the General Court of 2 October 2024 – VC v EU-OSHA (Exclusion from procurement procedures based on a suspended national administrative decision) (Public procurement – Financial regulation – Exclusion from procurement procedures and from the award of grants financed by the general budget of the European Union and by the EDF for a period of two years – Publication of exclusion – Registration in the early detection and exclusion system database – Grave professional misconduct – Decision of a national competition authority – Suspension by a national court – Obligation to state reasons – Right to effective judicial protection – Remedial measures – Unlimited jurisdiction – Manifest error of assessment – Error of assessment – Proportionality)
Date: 2024-10-02
Institutions: General Court
Subjects: European Development Fund, award of contract, distribution of EU funding, general budget (EU), jurisdiction, principle of proportionality, public procurement, right to an effective remedy, sanction (EU), tendering








C_202406938EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/6938


25.11.2024






Judgment of the General Court of 2 October 2024 – VC v EU-OSHA (Exclusion from procurement procedures based on a suspended national administrative decision)


(Case T-126/23)
                (1)

(Public procurement - Financial regulation - Exclusion from procurement procedures and from the award of grants financed by the general budget of the European Union and by the EDF for a period of two years - Publication of exclusion - Registration in the early detection and exclusion system database - Grave professional misconduct - Decision of a national competition authority - Suspension by a national court - Obligation to state reasons - Right to effective judicial protection - Remedial measures - Unlimited jurisdiction - Manifest error of assessment - Error of assessment - Proportionality)
(C/2024/6938)
Language of the case: Spanish

Parties


Applicant: VC (represented by: J. Rodríguez Cárcamo and S. Centeno Huerta, lawyers)

Defendant: European Agency for Safety and Health at Work (represented by: E. Ortega Urretavizcaya, acting as Agent, and by M. Troncoso Ferrer, L. Lence de Frutos and F.-M. Hislaire, lawyers)

Re:

By its action based on Article 263 TFEU, the applicant, VC, is seeking the annulment of the decision of the European Agency for Safety and Health at Work (EU-OSHA) of 13 January 2023 ordering the exclusion of the applicant from participation in procedures for public procurement, grants, prizes, awards and financial instruments covered by the general budget of the European Union and from participation in award procedures covered by the European Development Fund (EDF) governed by Council Regulation (EU) 2018/1877 of 26 November 2018 on the financial regulation applicable to the 11th European Development Fund, and repealing Regulation (EU) 2015/323 (OJ 2018 L 307, p. 1), for a period of two years with effect from 18 January 2023 (Articles 1 and 2), the inclusion of the applicant’s name in the database of the early detection and exclusion system for the duration of the exclusion period (Article 3), and the publication on the European Commission’s website of certain information relating to the exclusion (Article 4).

Operative part of the judgment

The Court:






1.


Dismisses the action.










2.


Orders VC to pay the costs, including those relating to the proceedings for interim relief.






(1)  
            OJ C 155, 2.5.2023.


ELI: http://data.europa.eu/eli/C/2024/6938/oj
ISSN 1977-091X (electronic edition)