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Case C-721/22 P: Judgment of the Court (Third Chamber) of 4 October 2024 – European Commission v PB, Council of the European Union (Appeal – Public service contracts – Irregularities in the procedure for the award of contracts – Regulation (EC) No 2988/95 – Articles 4, 5 and 7 – Decision for the recovery of amounts wrongly paid – Debit notes – Distinction between administrative measures and administrative penalties – Possibility of adopting an administrative measure in the absence of a sectoral rule – Recovery decision based on Regulation No 2988/95 and Regulation (EC, Euratom) No 1605/2002 – Regulation No 1605/2002 – Article 103 – Possibility of recovery from the director of the economic operator benefiting from European Union funds)
ECLI:EU:UNKNOWN:62022CA0721
62022CA0721
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Official Journal of the European Union
C series
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C/2024/7007
(Case C-721/22 P)
(Appeal - Public service contracts - Irregularities in the procedure for the award of contracts - Regulation (EC) No 2988/95 - Articles 4, 5 and 7 - Decision for the recovery of amounts wrongly paid - Debit notes - Distinction between administrative measures and administrative penalties - Possibility of adopting an administrative measure in the absence of a sectoral rule - Recovery decision based on Regulation No 2988/95 and Regulation (EC, Euratom) No 1605/2002 - Regulation No 1605/2002 - Article 103 - Possibility of recovery from the director of the economic operator benefiting from European Union funds)
(C/2024/7007)
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 and J. Estrada de Solà, acting as Agents)
Other parties to the proceedings: PB (represented by: L. Levi, avocate), Council of the European Union
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 14 September 2022, PB v Commission (T-775/20, EU:T:2022:542);
2.Refers the case back to the General Court of the European Union in so far as it concerns the annulment of Commission Decision C(2020) 7151 final of 22 October 2020 concerning the application of an administrative measure against the director of the company [Confidential], withdrawing the amounts unduly received under the TACIS/2006/101-510 and CARDS/2008/166-429 contracts;
3.Reserves the costs.
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Language of the case: French.
ECLI:EU:C:2025:140
ISSN 1977-091X (electronic edition)
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ELI: http://data.europa.eu/eli/C/2024/7007/oj
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(1) OJ C 35, 30.1.2023.
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Language of the case: French.