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Case T-778/21: Order of the General Court of 9 February 2023 — Folkertsma v Commission (Action for damages — Contract for technical assistance for support to Bangsamoro transition (Subatra) — Commission’s request to have the applicant replaced as expert — Termination of the contract between the successful tenderer and the applicant — Non-contractual liability — Sufficiently serious breach of a rule of law intended to confer rights on individuals — Causal link — Action manifestly lacking any foundation in law)

ECLI:EU:UNKNOWN:62021TB0778

62021TB0778

February 9, 2023
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27.3.2023

Official Journal of the European Union

C 112/34

(Case T-778/21) (<span class="oj-super oj-note-tag">1</span>)

(Action for damages - Contract for technical assistance for support to Bangsamoro transition (Subatra) - Commission’s request to have the applicant replaced as expert - Termination of the contract between the successful tenderer and the applicant - Non-contractual liability - Sufficiently serious breach of a rule of law intended to confer rights on individuals - Causal link - Action manifestly lacking any foundation in law)

(2023/C 112/44)

Language of the case: English

Parties

Applicant: Rommert Folkertsma (Zierikzee, Netherlands) (represented by: L. Levi and P. Baudoux, lawyers)

Defendant: European Commission (represented by: C. Giolito and T. Van Noyen, acting as Agents)

Re:

By his action based on Article 268 TFEU, the applicant seeks compensation for the financial and non-material damage which he claims to have suffered following the European Commission’s request to have him replaced as an expert in the context of a European Union technical assistance project in support of the Republic of the Philippines.

Operative part of the order

1.The action is dismissed.

2.Mr Rommert Folkertsma shall pay the costs.

(<span class="oj-super">1</span>) OJ C 84, 21.2.2022.

Language of the case: English

ECLI:EU:C:2023:140

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