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Case T-175/21: Judgment of the General Court of 15 February 2023 — RH v Commission (Instrument for Pre-Accession Assistance — Financial Regulation — Investigation by OLAF — Commission decision imposing an administrative penalty — Exclusion from procurement and grant award procedures funded by the general budget of the European Union and by the EDF — Entry on the database of the early detection and exclusion system — Grave professional misconduct — Manifest error of assessment — Non-contractual liability — Sufficiently serious breach of a rule of law conferring rights on individuals)
ECLI:EU:UNKNOWN:62021TA0175
62021TA0175
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Official Journal of the European Union
C 134/9
(Case T-175/21) (1)
(Instrument for Pre-Accession Assistance - Financial Regulation - Investigation by OLAF - Commission decision imposing an administrative penalty - Exclusion from procurement and grant award procedures funded by the general budget of the European Union and by the EDF - Entry on the database of the early detection and exclusion system - Grave professional misconduct - Manifest error of assessment - Non-contractual liability - Sufficiently serious breach of a rule of law conferring rights on individuals)
(2023/C 134/11)
Language of the case: English
Parties
Applicant: RH (represented by: L. Levi, lawyer)
Defendant: European Commission (represented by: J. Estrada de Solà, P. Rossi and R. Pethke, Agents)
Re:
By its action, the applicant seeks, first, on the basis of Article 263 TFEU, the annulment of the decision of the European Commission of 18 February 2021 excluding it from participating in award procedures for public procurement and grants governed by the EU budget and by the 11th European Development Fund or from being selected for implementing EU funds under Regulation (EU, Euratom) 2018/1046 and for implementing funds under the European Development Fund governed by Regulation (EU) 2018/1877 and, secondly, on the basis of Article 268 TFEU, compensation for the damage which it allegedly suffered as a result.
Operative part of the judgment
The Court:
1.Annuls the decision of the European Commission of 18 February 2021 excluding RH from participating in award procedures for public procurement and grants governed by the EU budget and by the 11th European Development Fund or from being selected for implementing EU funds under Regulation (EU, Euratom) 2018/1046 and for implementing funds under the European Development Fund governed by Regulation (EU) 2018/1877;
2.Dismisses the action as to the remainder;
3.Orders each party to bear its own costs.
(1) OJ C 206, 31.5.2021.