19.9.2022

EN

Official Journal of the European Union

C 359/84

(Case T-444/22)

(2022/C 359/102)

Language of the case: French

Parties

Applicant: HB (represented by: L. Levi, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—declare the present action admissible and well-founded;

and consequently,

—annul the decision of 13 May 2022, notified on 16 May 2022, by which the defendant offset, first, the applicant’s claim against the defendant for the costs which the Commission was ordered to pay by the judgments of 21 December 2021, HB v Commission (T-795/19, not published, EU:T:2021:917), and of 21 December 2021, HB v Commission (T-796/19, not published, EU:T:2021:918) and, second, the claim of EUR 1 197 055,86(contract CARDS/2008/166-429) (the principal amount) which the Commission purports to have against the applicant under the recovery decision of 15 October 2019;

—order the defendant to pay compensation for material harm;

—order the Commission to pay all the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on two pleas in law.

1.First plea in law, alleging a lack of competence on the part of the Commission to adopt the contested decision and lack of a legal basis for that decision.

2.Second plea in law, alleging, first, that the Commission does not have a pecuniary claim against the applicant under the Financial Regulation and, second, that there has been an infringement of the Financial Regulation and of Article 266 TEU.