Judgment of the General Court (Tenth Chamber) of 13 October 2021 –
Ciano Trading & Services CT & S and Others v Commission
(Case T‑45/21) (1)
(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)
1. EU law – Principles – Protection of legitimate expectations – Conditions – Specific assurances given by the authorities – Concept
(see para. 27)
2. EU law – General principles of law – Prohibition on relying on EU law for fraudulent or abusive ends – Existence of a fraudulent or abusive practice
(see para. 48)
3. European Union public contracts – Cancellation of the tendering procedure – Discretion of the contracting authority – Limits – Respect 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)
4. EU law – Abuse of a right arising from a provision of EU law – Actions constituting abuse – Elements to be taken into consideration
(see paras 56-58)
Operative part
The Court:
2. | | 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. |