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Case T-540/24: Action brought on 16 October 2024 – RH v Commission
ECLI:EU:UNKNOWN:62024TN0540
62024TN0540
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Official Journal of the European Union
EN
C series
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C/2025/85
(Case T-540/24)
(C/2025/85)
Language of the case: English
Parties
Applicant: RH (represented by: L. Levi, lawyer)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—annul the decision of the Commission of 6 August 2024 to exclude the applicant from the date of the notification for a period of nine months from participating in award procedures governed by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (1) and Council Regulation (EU) 2018/1877 (2) or from being selected for the implementation of funds as governed by those Regulations;
—compensate the applicant for the prejudice suffered;
—order the defendant to pay the entire costs.
Pleas in law and main arguments
In support of the action, the applicant relies on four pleas in law.
1.First plea in law, alleging error of law in the legal characterisation of the grave professional misconduct - Error of assessment of the facts and of the evident absence of grave professional misconduct, in particular as referred to in point (c)(v) of Article 136(1) of Regulation (EU, Euratom) 2018/1046 (which is in any case a manifest error).
2.Second plea in law, alleging violation of the duty of diligence and good administration as reflected in Article 41 of the Charter of Fundamental Rights of the EU.
3.Third plea in law, alleging breach of Articles 136(6) and 136(7) of Regulation (EU, Euratom) 2018/1046.
4.Fourth plea in law, alleging violation of the principle of proportionality regarding the sanction of exclusion.
(1) 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).
(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).
ELI: http://data.europa.eu/eli/C/2025/85/oj
ISSN 1977-091X (electronic edition)
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