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Joined Cases C-160/22 P and C-161/22 P: Judgment of the Court (Third Chamber) of 26 September 2024 – European Commission v HB (Appeal – Public supply contracts – Irregularities in the procedure for the award of a public contract – European Commission recovery decision adopted after the signature of the contract – Legal nature – Decision not having effects exclusively in the context of that contract – Protection of the European Union’s financial interests – Administrative measures – Exercise of powers as a public authority – Action for annulment – Article 263 TFEU – Jurisdiction of the EU judicature)

ECLI:EU:UNKNOWN:62022CA0160

62022CA0160

September 26, 2024
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Official Journal of the European Union

C series

C/2024/6612

11.11.2024

(Joined Cases C-160/22 P and C-161/22 P)

(Appeal - Public supply contracts - Irregularities in the procedure for the award of a public contract - European Commission recovery decision adopted after the signature of the contract - Legal nature - Decision not having effects exclusively in the context of that contract - Protection of the European Union’s financial interests - Administrative measures - Exercise of powers as a public authority - Action for annulment - Article 263 TFEU - Jurisdiction of the EU judicature)

(C/2024/6612)

Language of the case: French

Parties

Appellant: European Commission (represented initially by B. Araujo Arce, J. Baquero Cruz and J. Estrada de Solà, acting as Agents, and subsequently by J. Baquero Cruz, F. Blanc, J. Estrada de Solà and P. Ortega Sánchez de Lerín, acting as Agents)

Other party to the proceedings: HB (represented by: L. Levi, avocate)

Operative part of the judgment

The Court:

1.Sets aside the judgment of the General Court of the European Union of 21 December 2021, HB v Commission (T-795/19, EU:T:2021:917), and the judgment of 21 December 2021, HB v Commission (T-796/19, EU:T:2021:918);

2.Refers the cases back to the General Court of the European Union;

3.Reserves the costs.

*

Language of the case: French.

ELI: http://data.europa.eu/eli/C/2024/6612/oj

ISSN 1977-091X (electronic edition)

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