Judgment_paragraph 65 · Flying Holding NV and Others v European Commission (T-91/12, T-280/12)

65In the present case, the decision of 15 December 2011 constitutes, if not a decision imposing a penalty, at the very least a measure adversely affecting the applicants, that is to say that it significantly affects their interests, since it has serious financial consequences (see, to that effect, Case T-231/97 New Europe Consulting and Brown v Commission [1999] ECR II-2403, paragraph 43), or, more generally, it has serious consequences on their situation (see, to that effect, Case F‑26/10 AZ v Commission [2011] ECR, paragraph 51). Thus, a decision such as that rejecting the applicants’ application on the ground, in particular, of misrepresentation pursuant to Article 94(b) of the Financial Regulation is liable, at the very least, adversely to affect their reputation and, as stated in paragraph 62 above, to have consequences which go beyond the contract in question.