Judgment of the General Court (Eighth Chamber) of 31 January 2013 —
Spain v Commission
(Case T‑235/11)
Cohesion Fund — Reduction of the financial assistance initially granted by the Fund to five projects concerning the implementation of certain lines of the high-speed railway network in Spain — Time limit for the adoption of a decision — Article H(2) of Annex II to Regulation (EC) No 1164/94 — Article 18(3) of Regulation (EC) No 1386/2002 — Additional deliveries — Additional works or services — Concept of ‘unforeseen circumstance’ — Article 20(2)(e) and (f) of Directive 93/38/EEC
1. Economic, social and territorial cohesion — Structural assistance — Community financing granted for national projects — Regulation No 1164/94 — Suspension or reduction of financial assistance following irregularities — No provision for a time limit for adoption of the Commission’s decision (Council Regulation No 1164/94, Annex II, Article H(2)) (see para. 32)
2. European Union law — Interpretation — Texts in several languages — Uniform interpretation — Consideration of different language versions (see paras 32, 33)
3. European Union law — Interpretation — Methods — Interpretation of an implementing regulation having regard to the basic regulation (see para. 37)
4. Approximation of laws — Procedure for awarding public contracts in the water, energy, transport and telecommunications sectors — Directive 93/38 — Award of contracts — Principles of equal treatment of tenderers and transparency — Scope — Modification by the awarding body, after the award, of one of its conditions — Not permissible (Council Directive, Arts 4(2), and 20(2)(e) and (f)) (see paras 45-48, 52-55, 63, 66-71)
5. Approximation of laws — Procedure for awarding public contracts in the water, energy, transport and telecommunications sectors — Directive 93/38 — Derogations from common rules — Restrictive interpretation — Recourse to the negotiated procedure — Limits (Council Directive 93/38) (see paras 57, 58)
6. Acts of the institutions — Directives — Implementation by Member States — Need for full transposition into national law — Failure to fulfil obligations — National system pleaded as justification — Not permissible (Art. 258 TFEU; Council Directive 93/38) (see para. 59)
7. Approximation of laws — Procedure for awarding public contracts in the water, energy, transport and telecommunications sectors — Directive 93/38 — Awarding of contracts — Modifications made to the provisions of a public contract in the course of its validity — Concept of substantial modification (Council Directive 93/38) (see para. 70)
8. Approximation of laws — Procedure for awarding public contracts in the water, energy, transport and telecommunications sectors — Directive 93/38 — Derogations from common rules — Restrictive interpretation — Existence of unforeseen circumstances — Burden of proof (Council Directive 93/38, Art. 20(2)) (see paras 80-86, 89-94, 97-103, 105, 106)
Re:
| Primarily, application for annulment of Commission Decision C(2011) 1023 final of 18 February 2011 reducing assistance from the Cohesion Fund for the project phases entitled ‘Supply and assembly of track materials for the Madrid-Zaragoza-Barcelona-French border High-Speed Line. Madrid-Lleida section’ (CCI 1999.ES.16.C.PT.001), ‘Madrid-Barcelona High-Speed Rail line. Lleida-Martorell section (Platform, 1st phase)’ (CCI 2000.ES.16.C.PT.001), ‘Madrid-Zaragoza-Barcelona-French border High-Speed Line. Approaches to Zaragoza’ (CCI 2000.ES.16.C.PT.003), ‘Madrid- Barcelona-French border High-Speed Line. Lleida-Martorell section. X-A sub-section (Olérdola — Avinyonet del Penedés)’ (CCI 2001.ES.16.C.PT.007), ‘New High-Speed rail access to Levante. La Gineta-Albacete sub-section (Platform)’ (CCI 2004.ES.16.C.PT.014) and, in the alternative, application for partial annulment of the same decision so far as concerns the corrections made by the Commission. |
Operative part
The Court:
2. | | Orders the Kingdom of Spain to pay the costs. |