Notices for publication in the OJ nº T-796/19 of Tribunal General de la Unión Europea, December 13, 2019

• Resolution Date: December 13, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-796/19

Action brought on 19 November 2019 - HB v Commission

(Case T-796/19)

Language of the case: French

Parties

Applicant: HB (represented by: M. Vandenbussche and L. Levi, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

declare the present action admissible and well founded;

consequently:

annul Commission Decision of 15 October 2019 ordering the reduction of the amount of the contract TACIS/2006/101-510 from EUR 4 410 000 to EUR 0 (zero) and the recovery of all payments, amounting to EUR 4 241 507, made under that contract;

order the reimbursement of all amounts recovered by the Commission on the basis of that decision, together with late-payment interest at the rate applied by the European Central Bank plus seven points;

order the symbolic payment of one euro by way of damages, subject to increase;

order the Commission to pay all the costs.

Pleas in law and main arguments

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

1. First plea in law, alleging a lack of jurisdiction on the part of the Commission to adopt the contested decision, the absence of a legal basis for that decision and failure to observe the principle of legitimate expectations. The applicant claims in this regard that the Commission did not have jurisdiction to adopt the contested decision, forming a writ of execution for the recovery of the amount allegedly due to it from the applicant, in the absence of an arbitration clause conferring on the EU Courts jurisdiction for contractual disputes between them.

2. Second plea in law, alleging that the claim is time-barred and, in any event, infringement of the ‘reasonable period’ rule, of Article 73a(1) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 248, p. 1) (‘the 2002 Financial Regulation’), of the right to sound administration as enshrined in Article 41 of the Charter of Fundamental Rights of the European Union and of Article 6 of the Charter of Fundamental Rights of the EU (‘the ECHR’). According to the applicant, the Commission’s claim against the applicant is time-barred since the five-year time limit, provided for in Article 73a of the 2002 Financial Regulation, has expired. Article 85b(4) of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council...