Дело T-***/**: *****************, Съдебно решение от **.**.2023 г.

Текст

... ministrative 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)

In Case T‑175/21,

RH, established in D, represented by L. Levi, lawyer,

applicant,

v

European Commission, represented by J. Estrada de Solà, P. Rossi and R. Pethke, acting as Agents,

defendant,

THE GENERAL COURT (Tenth Chamber),

composed, at the time of the deliberations, of A. Kornezov, President, E. Buttigieg and G. Hesse (Rapporteur), Judges,

Registrar: A. Juhász-Tóth, Administrator,

having regard to the written part of the procedure,

further to the hearing on 14 July 2022,

gives the following

Judgment

1. By its action, the applicant, RH, 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 (‘the contested decision’) and, secondly, on the basis of Article 268 TFEU, compensation for the damage which it allegedly suffered as a result.

Background to the dispute

2. On 17 July ...