Appeal brought on 16 September 2022 by the European Commission against the judgment of the General Court (Second Chamber) delivered on 6 July 2022 in Case T-408/21, HB v European Commission

(Case C-597/22 P)

(2023/C 24/29)

Language of the case: French

Parties

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

Other party to the proceedings: HB (represented by: L. Levi, avocate)

Form of order sought

The appellant claims that the Court should:

—	set aside the judgment of the General Court of the European Union of 6 July 2022 in Case T-408/21 HB v Commission, in so far as it annuls Commission Decisions C(2021) 3339 final of 5 May 2021 and C(2021) 3340 final of 5 May 2021;

—	refer the case back to the General Court for a decision on the substance in relation to the application for annulment;

—	order HB to pay the costs.

Pleas in law and main arguments

In support of its appeal, the Commission relies on a single plea in law, alleging an error of law.

According to the Commission, the General Court erred in considering that Decisions C(2019) 7318 final and C(2019) 7319 were contractual.

Consequently, the incorrect characterisation of those two claims as contractual includes, in accordance with the case-law ADR (C-584/17), the wrongful annulment of Commission Decisions C(2021) 3339 final of 5 May 2021 and C(2021) 3340 final of 5 May 2021, which are the subject of the present case.