Case T-742/25: Action brought on 24 October 2025 – NL v Commission
Date: 2025-10-24
Institutions: General Court
Subjects: damages, fund (EU), indemnification, limitation of legal proceedings, principle of proportionality, public procurement, sanction (EU), tendering








C_202506520EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2025/6520


15.12.2025






Action brought on 24 October 2025 – NL v Commission


(Case T-742/25)

(C/2025/6520)
Language of the case: French

Parties


Applicant: NL (represented by: A. Guillerme and L. Marchal, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:






—


annul the decision of the Commission of 13 August 2025, registered under reference Ares(2025)6590900, notifying the applicant of its exclusion from participating in procurement and award procedures governed by Regulation (EU, Euratom) 2024/2509 (1) and Regulation (EU) 2018/1877 (2) and from being selected to implement Union funds for a period of 18 months; this includes the decision to publish the information concerning the exclusion of the applicant;










—


order the Commission to pay the sum of EUR 17 250 001, provisionally, by way of compensation for the non-material and financial damage suffered by the applicant;










—


order the Commission to pay the costs.





Pleas in law and main arguments

In support of the action, the applicant relies on one principal plea in law, and four alternative pleas in law.






1.


First, and principal, plea in law, alleging that the limitation period had expired before any legal action was taken or penalty issued in respect of the first alleged instance of misconduct.










2.


Second plea in law, alleging, in the alternative, an error of law as regards the manner in which the Commission classified the alleged instances of misconduct.










3.


Third plea in law, alleging, in the alternative, the substantive inaccuracy of the facts accepted by the Commission, a manifest error of assessment of the alleged instances of misconduct, and infringement of Article 106(c) of Regulation (EU, Euratom) No 966/2012, (3) as amended.










4.


Fourth plea in law, alleging, in the alternative, a breach of the principle of proportionality in the determination of the penalty imposed on the applicant.










5.


Fifth plea in law, alleging, in the alternative, the impossibility of applying the decision to publish the information concerning the exclusion of the applicant in respect of events prior to 1 January 2016.






(1)  Regulation (EU, Euratom) 2024/2509 of the European Parliament and of the Council of 23 September 2024 on the financial rules applicable to the general budget of the Union (recast) (OJ L, 2024/2509).

(2)  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).

(3)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ 2012 L 298, p. 1).


ELI: http://data.europa.eu/eli/C/2025/6520/oj
ISSN 1977-091X (electronic edition)