Judgment_paragraph 87 · International Management Group (IMG) v European Commission (T-752/20)

87It should be noted that, in its written pleadings, the applicant does not rely on any specific rule of law which gives rise, on the part of the Commission, to a legal obligation to act consisting of the adoption of a position publicly condemning the leak of an OLAF investigation report and putting an end to the dissemination of false information caused by such a leak by following up on the transmission of an OLAF report. However, the breach of the duty of diligence relied on by the applicant is intrinsically linked to [Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ 2013 L 248, p. 1)], which constitutes the legal framework within which the Commission acted when it adopted the letter of 8 May 2015, so that it must be determined whether such an obligation follows from the provisions of that regulation.