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Case T-537/18: Judgment of the General Court of 21 December 2022 — Vialto Consulting v Commission (Instrument for Pre-accession Assistance — Grants — Investigations by OLAF — Administrative penalty — Exclusion, for a period of two years, from public procurement procedures and from procedures for the award of grants financed from the general budget of the European Union — Obligation to state reasons — Article 7(1) of Regulation (EC) No 2185/96 — Principle of good administration — Legitimate expectations — Unlimited jurisdiction — Proportionality of the penalty)
ECLI:EU:UNKNOWN:62018TA0537
62018TA0537
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Official Journal of the European Union
C 83/15
(Case T-537/18) (<span class="oj-super oj-note-tag">1</span>)
(Instrument for Pre-accession Assistance - Grants - Investigations by OLAF - Administrative penalty - Exclusion, for a period of two years, from public procurement procedures and from procedures for the award of grants financed from the general budget of the European Union - Obligation to state reasons - Article 7(1) of Regulation (EC) No 2185/96 - Principle of good administration - Legitimate expectations - Unlimited jurisdiction - Proportionality of the penalty)
(2023/C 83/17)
Language of the case: Greek
Parties
Applicant: Vialto Consulting Kft. (Budapest, Hungary) (represented by: V. Christianos, A. Politis and G. Kelepouri, lawyers)
Defendant: European Commission (represented by: A. Katsimerou and R. Pethke, acting as Agents)
Re:
By its action, the applicant seeks, first, on the basis of Article 263 TFEU, annulment of the decision of the European Commission of 29 June 2018 by which the latter excluded the applicant for a period of two years from public procurement procedures, from procedures for the award of grants, from procedures for financial instruments (for dedicated investment vehicles and financial intermediaries) and from procedures for prizes governed by 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), and from award procedures governed by Council Regulation (EU) 2015/323 of 2 March 2015 on the financial regulation applicable to the 11th European Development Fund (OJ 2015 L 58, p. 17), and ordered the publication of that exclusion on its website and, second, on the basis of Article 268 TFEU, compensation for the damage which the applicant claims to have suffered as a result of that decision.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Vialto Consulting Kft.to pay the costs.
(<span class="oj-super">1</span>) OJ C 427, 26.11.2018.