This document is an excerpt from the EUR-Lex website
Document 62017TJ0617
Judgment of the General Court (First Chamber) of 26 June 2019.
Vialto Consulting Kft. v European Commission.
Non-contractual liability — Instrument for pre-accession assistance — Third country — National public procurement — Devolved management — Decision of a national authority — Investigations by OLAF — Non-material damage — Sufficiently serious breach of a rule of law conferring rights on individuals — Article 7(1) of Regulation (EC) No 2185/96 — Principle of sound administration — Legitimate expectations — Proportionality — Right to be heard.
Case T-617/17.
Judgment of the General Court (First Chamber) of 26 June 2019.
Vialto Consulting Kft. v European Commission.
Non-contractual liability — Instrument for pre-accession assistance — Third country — National public procurement — Devolved management — Decision of a national authority — Investigations by OLAF — Non-material damage — Sufficiently serious breach of a rule of law conferring rights on individuals — Article 7(1) of Regulation (EC) No 2185/96 — Principle of sound administration — Legitimate expectations — Proportionality — Right to be heard.
Case T-617/17.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (First Chamber) of 26 June 2019 –
Vialto Consulting v Commission
(Case T‑617/17)
(Non-contractual liability — Instrument for pre-accession assistance — Third country — National public procurement — Devolved management — Decision of a national authority — Investigations by OLAF — Non-material damage — Sufficiently serious breach of a rule of law conferring rights on individuals — Article 7(1) of Regulation (EC) No 2185/96 — Principle of sound administration — Legitimate expectations — Proportionality — Right to be heard)
|
1. |
Non-contractual liability — Conditions — Unlawfulness — Loss — Causal link — One of the conditions not satisfied — Claim for compensation dismissed in its entirety (Art. 340, second para. TFEU) (see paras 34-38) |
|
2. |
European Anti-Fraud Office (OLAF) — Investigations — On-the spot checks and inspections — Determination of the information and documents necessary for on-the spot checks and inspections to be carried out properly — OLAF’s discretion (European Parliament and Council Regulation No 883/2013, Art. 3; Council Regulation No 2185/96, Art. 7(2)) (see para. 68) |
|
3. |
European Anti-Fraud Office (OLAF) — Investigations — On-the spot checks and inspections — No limitation on OLAF’s access to files or documents specifically referring to the contract or project in question (see para. 86) |
|
4. |
EU law — Principles — Protection of legitimate expectations — Conditions — Specific assurances given by the authorities (see para. 114) |
Re:
Application based on Article 268 TFEU seeking compensation for the damage allegedly suffered by the applicant due to unlawful acts allegedly committed, first, by the European Anti-Fraud Office (OLAF) in the course of an inspection carried out in the applicant’s premises and, second, by the European Commission following that inspection.
Operative part
The Court:
|
1. |
Dismisses the action; |
|
2. |
Orders Vialto Consulting Kft. to pay the costs. |