NC v European Commission

European Union – Public procurement. The European Commission took a decision to impose an administrative penalty of exclusion, for a period of 18 months, of a non-profit organisation (NC) from procedures for the award of public procurement contracts and grants financed from the general budget of the European Union. However, that decision was adopted without any indication that consideration had been given to the provisions of a more lenient regime which, if applied retrospectively to the facts of the present case, could have resulted in a more lenient decision. Accordingly, the Court of Justice of the European Union allowed NC's application for annulment of that decision.

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