Judgments (Information) nº T-2/07 of The General Court, September 16, 2013

• Resolution Date: September 16, 2013
• Issuing Organization: The General Court
• Decision Number: T-2/07

Judgment of the General Court (First Chamber) of 16 September 2013 —Spain v Commission (Case T‑2/07)

Cohesion fund — Regulation (EC) No 1164/94 — Projects concerning the clearance of the hydrographical basin of Júcar (Spain) — Partial withdrawal of financial assistance — Public works contracts — Award criteria — Economically most advantageous tender — Equal treatment — Transparency — Eligibility of expenditure — Determination of the financial corrections — Article H(2) of Annex II of Regulation No 1164/94 — Proportionality

1. Approximation of laws — Public procurement procedures — Award of contracts — Qualitative selection criteria of the candidates taken into account as award criteria — Not permissible (Council Directive 93/37, Arts 26, 27 and 30(1)) (see paras 51-53)

2. Economic, social and territorial cohesion — Structural assistance — EU financing — Reduction of financial assistance on account of irregularities — Inapplicability by analogy with the case-law on non-contractual liability — No breach of the principle of equal treatment (Charter of Fundamental Rights of the European Union, Art. 20; Council Regulation No 1164/94, Art. 8(1), and Annex II, Art. H(1) and (2)) (see paras 58-64)

3. Approximation of laws — Public procurement procedures — Principle of equal treatment of tenderers — Obligation of transparency — Scope (Council Directive 93/37, Arts 22(4), 30(4), fourth para., and 31(1)) (see paras 71-73)

4. Approximation of laws — Public procurement procedures — Award of contracts — Most economically advantageous tender — Award criteria — Observance of the principle of equal treatment of tenderers and of the principle of transparency — Subsequent specification by the awarding authority of an award criterion for the contract previously brought to the attention of tenderers — Conditions — Application of the average price method — Not permissible (Council Directive 93/37, Art. 30(2)) (see paras 76-80)

5. Approximation of laws — Public procurement procedures — Award of contracts — Most economically advantageous tender — Concept (Council Directive 93/37, Art. 30(1)(b)) (see paras 82, 83)

6. EU law — Principles — Protection of legitimate expectations — Conditions (see para. 96)

7. Acts of the institutions — Rules of administrative conduct of general scope — Measure designed to produce external effects — Autolimitation of the discretion of the institution adopting the measure — Obligation to comply with the principles of equal treatment,...