Information;Judgment — ECLI:EU:C:2020:826
Date: 2020-10-14
Language of the case: French
Court formation: Tenth Chamber
Subject matter: Public procurement in the European Union
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Belgium

Judgment of the Court (Tenth Chamber) of 14 October 2020 – Close and Cegelec v Parliament (Case C‑447/19 P)(1) (Appeal – Action for annulment – Public works contracts of the European Union – Tender procedure – Extension and refurbishment work on the Konrad Adenauer building in Luxembourg – Scope of the contracting authority’s obligation to inform the tenderer who has not been awarded the contract – Statement of reasons) 1. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision, in the award procedure for a public works contract, not to accept a tender – Obligation on the awarding authority to provide a detailed comparative analysis of the tender accepted and the tender of the unsuccessful tenderer – None – Obligation to disclose the evaluation committee’s report – Absence (Art. 296 second para. (e); European Parliament and Council Regulation No 966/2012, Art. 113; Commission Regulation No 1268/2012, Arts 161(2) and (3)) (see paras 37-40, 42) 2. Appeal – Grounds – Incorrect assessment of the facts and evidence – Inadmissibility – Review by the Court of the assessment of the facts and evidence – Possible only where the clear sense of the evidence has been distorted (Art. 256(1) EC; Statute of the Court of Justice, Art. 58, first para.) (see para. 51) 3. European Union public contracts – Tender procedure – Obligation to comply with the principle of equal treatment of tenderers – Scope (European Parliament and Council Regulation No 966/2012, Art. 102(1)) (see para. 54) 4. Appeal – Grounds – Inadequate or contradictory grounds – Admissibility – Scope of the obligation to state reasons – Reliance by the General Court on implied reasoning – Whether permissible – Conditions (Art. 256(1) second para. (e) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see paras 63, 64) Operative part The Court: 1. Dismisses the appeal; 2. Orders Close SA and Cegelec SA to pay the costs. 1 OJ C 312, 16.9.2019.