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Set aside the judgment of the General Court of the European Union of 28 June 2023 in Case T-752/20, IMG v Commission;

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Consequently, grant the form of order sought by the appellant at first instance and, accordingly,

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Rule that the European Commission has incurred non-contractual liability;

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Order the respondent to pay compensation for the damage sustained by the appellant, valued, subject to any adjustment, at EUR 10 000 per month for a period beginning in mid-December 2015 and running until delivery of the judgment to be given, in respect of non-material damage, and at EUR 2 100 000 in respect of material damage (to be increased by late payment interest);

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Order the respondent to pay all the costs at first instance and on appeal.

(1)

Infringement of Article 340 TFEU and of the concept of a causal link — Breach by the first-instance court of the obligation to state reasons — Infringement of the omnia petita principle

(2)

Error of law — Error in the legal characterisation of the facts — Infringement of Article 340 TFEU and the concepts of unlawful conduct and imputability — Distortion of the file

(3)

Infringement of the duty of care — Disregard by the court of its obligation to state reasons

(4)

Infringement of the duty to act diligently — Infringement of Article 10(3) of Regulation No 883/2013 — Infringement of Article 340 TFEU and of the concept of unlawful conduct

(5)

On the request made by the Commission related to the opinion issued by the legal service: infringement of the adversarial principle and of the principle of equality of arms