Order of the President of the General Court of 25 April 2022 — HB v Commission

(Case T-408/21 R)

(Interim relief - Public service contracts - Irregularities in the contract award procedure - Recovery of sums unduly paid - Enforceable decision - Application for interim measures - Urgency - Prima facie case - Weighing up of the interests)

(2022/C 276/15)

Language of the case: French

Parties

Applicant: HB (represented by: L. Levi, lawyer)

Defendant: European Commission (represented by: B. Araujo Arce, J. Estrada de Solà and J. Baquero Cruz, acting as Agents)

Re:

By its application based on Articles 278 and 279 TFEU, the applicant seeks: (i) the suspension of the operation of Commission Decision C(2021) 3339 final of 5 May 2021 relating to the recovery of a debt in the amount of EUR 4 241 507,00 payable by the applicant under the contract with reference TACIS/2006/101-510, and Commission Decision C(2021) 3340 final of 5 May 2021 relating to the recovery of a debt in the amount of EUR 1 197 055,86 payable by the applicant under the contract with reference CARDS/2008/166-429; (ii) an injunction preventing the European Commission from recovering the amounts in those decisions; and (iii) an order requiring the Commission to pay symbolic damages of EUR 1.

Operative part of the order

1.

The operation of Decision C(2021) 3339 final, relating to the recovery of a debt in the amount of EUR 4 241 507,00 payable by HB under the contract with reference TACIS/2006/101-510, and Commission Decision C(2021) 3340 final of 5 May 2021 relating to the recovery of a debt in the amount of EUR 1 197 055,86 payable by the applicant under the contract with reference CARDS/2008/166-429, is suspended.

2.	Costs are reserved.