Judgment of the General Court (Tenth Chamber) of 13 October 2021

Data

Court: General Court

Case date: 13 oktober 2021

Verdict

Judgment of the General Court (Tenth Chamber) of 13 October 2021 –
Ciano Trading & Services CT & S and Others v Commission

(Case T‑45/21)^(*)

"(Public service contracts - Tendering procedure - Sustainable restoration for the Commission in Brussels and its surroundings - Annulment of the tendering procedure - Legitimate expectations - Abuse of rights)"

EU lawPrinciplesProtection of legitimate expectationsConditionsSpecific assurances given by the authoritiesConcept

(see para. 27)

EU lawGeneral principles of lawProhibition on relying on EU law for fraudulent or abusive endsExistence of a fraudulent or abusive practice

(see para. 48)

European Union public contractsCancellation of the tendering procedureDiscretion of the contracting authorityLimitsRespect for the principle prohibiting abuse of rights and the principle of good faith

(European Parliament and Council Regulation 2018/1046, Art. 171)

(see paras 49-52)

EU lawAbuse of a right arising from a provision of EU lawActions constituting abuseElements to be taken into consideration

(see paras 56-58)

Operative part

The Court:

Dismisses the action;

Orders Ciano Trading & Services CT & S SpA, Silvia Brizio, Laurence André and Lidia Pacitti to pay the costs relating to the main proceedings and to the proceedings for interim measures.