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Case T-407/21 R: Order of the President of the General Court of 20 October 2022 — PB v Commission (Interim relief — Public service contracts — Irregularities in the contract award procedure — Recovery of amounts unduly paid — Enforceable decision — Application for interim measures — Urgency — Prima facie case — Balance of interests)
ECLI:EU:UNKNOWN:62021TB0407
62021TB0407
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Valentina R., lawyer
16.1.2023
Official Journal of the European Union
C 15/41
(Case T-407/21 R)
(Interim relief - Public service contracts - Irregularities in the contract award procedure - Recovery of amounts unduly paid - Enforceable decision - Application for interim measures - Urgency - Prima facie case - Balance of interests)
(2023/C 15/53)
Language of the case: French
Parties
Applicant: PB (represented by: L. Levi, lawyer)
Defendant: European Commission (represented by: B. Araujo Arce, J. Estrada de Solà and J. Baquero Cruz, acting as Agents)
Re:
By his application under Articles 278 and 279 TFEU, the applicant seeks, first, suspension of application of Commission Decision C(2021) 3338 final of 5 May 2021 concerning the recovery of the amount of EUR 5 038 737,86 plus interest payable by the director of the company [confidential information redacted] and, second, an order preventing the European Commission from recovering the amount indicated in that decision in any manner whatsoever, in particular by implementing the debit note, until the Court has ruled on the main action.
Operative part of the order
1.Application of Commission Decision C(2021) 3338 final of 5 May 2021 concerning the recovery of the amount of EUR 5 038 737,86 plus interest payable by the director of the company [confidential information redacted] is suspended.
2.The costs are reserved.