Case T-776/22: Judgment of the General Court of 18 December 2024 – TP v Commission (Public procurement – Financial regulation – Exclusion for a period of two years from procurement and grant award procedures funded by the general budget of the European Union and by the EDF – Significant deficiencies in complying with main obligations in the implementation of a prior contract – Article 136(1)(e) of the Financial Regulation – No automatic link between a finding of a failure to comply with contractual obligations by the court having jurisdiction over the contract and the adoption of an exclusion measure by the authorising officer responsible – Obligation to conduct a specific and individual assessment of the conduct of the person concerned – Prior contract awarded to a group of economic operators – Joint and several contractual liability)
Date: 2024-12-18
Institutions: General Court
Subjects: EU financing, European Development Fund, award of contract, financial regulation, liability, public procurement, sanction (EU), tendering








C_202500907EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/907


17.2.2025






Judgment of the General Court of 18 December 2024 – TP v Commission


(Case T-776/22)
                (1)

(Public procurement - Financial regulation - Exclusion for a period of two years from procurement and grant award procedures funded by the general budget of the European Union and by the EDF - Significant deficiencies in complying with main obligations in the implementation of a prior contract - Article 136(1)(e) of the Financial Regulation - No automatic link between a finding of a failure to comply with contractual obligations by the court having jurisdiction over the contract and the adoption of an exclusion measure by the authorising officer responsible - Obligation to conduct a specific and individual assessment of the conduct of the person concerned - Prior contract awarded to a group of economic operators - Joint and several contractual liability)
(C/2025/907)
Language of the case: English

Parties


Applicant: TP (represented by: T. Faber, F. Bonke and I. Sauvagnac, lawyers)

Defendant: European Commission (represented by: P. Rossi, F. Behre and F. Moro, acting as Agents)

Re:

By its action based on Article 263 TFEU, the applicant seeks the annulment of the decision of the European Commission of 1 October 2022 by which it was excluded, first, from participating in award procedures governed by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ 2018 L 193, p. 1) or funded by the 11th European Development Fund (EDF) and, secondly, from being selected for implementing EU Funds.

Operative part of the judgment

The Court:






1.


Annuls the decision of the European Commission of 1 October 2022 by which TP was excluded from participating in award procedures governed by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 or funded by the 11th European Development Fund (EDF) and from being selected for implementing EU Funds;










2.


Orders the Commission to pay the costs, including those of the interim proceedings.






(1)  
            OJ C 45, 6.2.2023.


ELI: http://data.europa.eu/eli/C/2025/907/oj
ISSN 1977-091X (electronic edition)