27.9.2021

Official Journal of the European Union

C 391/16

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(Case C-500/21 P)

(2021/C 391/24)

Language of the case: French

Parties

Appellant: Health Information Management (HIM) (represented by: P. Zeegers, avocat)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court should:

—declare the present appeal admissible and well founded and, consequently;

—set aside paragraphs 93 to 97 and 117 to 185 of the judgment of the General Court of the European Union of 9 June 2021 delivered in Case T-235/19, Health Information Management v Commission;

—set aside points 1, 2, 3 and 5 of the operative part of the judgment under appeal;

—refer the case back to the General Court in order to enable that court to rule on the claim brought by the appellant in its application lodged on 4 April 2019;

—order the European Commission to pay the entirety of the costs and expenses, including the costs and fees of the appellant’s adviser, the amount of which is provisionally fixed at EUR 15 000 excluding VAT.

Grounds of appeal and main arguments

In support of the appeal, Health Information Management relies on three grounds: (i) infringement of the rights of the defence and of the right to good administration enshrined in Article 41 of the Charter of Fundamental Rights of the European Union; (ii) failure to fulfil the obligation to state reasons under the second paragraph of Article 296 TFEU; and (iii) infringement and misapplication of Article 272 TFEU and, consequently, infringement of the principles of impartiality and proportionality.

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