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Case C-650/19 P: Judgment of the Court (First Chamber) of 28 October 2021 — Vialto Consulting Kft. v European Commission (Appeal — Action for damages — Non-contractual liability — Pre-Accession Assistance Instrument — Decentralised management — Investigation by the European Anti-Fraud Office (OLAF) — On-the-spot checks — Regulation (Euratom, EC) No 2185/96 — Article 7 — Access to computer data — Digital forensic operation — Legitimate expectations — Right to be heard — Non-material damage)
ECLI:EU:UNKNOWN:62019CA0650
62019CA0650
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3.1.2022
Official Journal of the European Union
C 2/3
(Case C-650/19 P) (1)
(Appeal - Action for damages - Non-contractual liability - Pre-Accession Assistance Instrument - Decentralised management - Investigation by the European Anti-Fraud Office (OLAF) - On-the-spot checks - Regulation (Euratom, EC) No 2185/96 - Article 7 - Access to computer data - Digital forensic operation - Legitimate expectations - Right to be heard - Non-material damage)
(2022/C 2/04)
Language of the case: Greek
Parties
Appellant: Vialto Consulting Kft. (represented by: D. Sigalas and S. Paliou, dikigoroi)
Other party to the proceedings: European Commission (represented by: D. Triantafyllou, J. Baquero Cruz and A. Katsimerou, acting as Agents)
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 26 June 2019, Vialto Consulting v Commission (T-617/17, not published, EU:T:2019:446) in so far as it rejected as unfounded the complaint raised by Vialto Consulting Kft. concerning the European Commission’s infringement of the right to be heard;
2.Dismisses the appeal as to the remainder;
3.Refers the case back to the General Court of the European Union for a ruling on the conditions for incurring the non-contractual liability of the European Union relating to the existence of a causal link between the infringement by the European Commission of the right to be heard and the damage complained of, as well as the fact of damage;
4.Reserves the costs.
(1) OJ C 372, 4.11.2019.