Information;Judgment — ECLI:EU:T:2022:64
Date: 2022-02-09
Language of the case: Portuguese
Court formation: Eighth Chamber
Subject matter: Public procurement in the European Union
Procedure: Action for annulment - unfounded
Origin: Portugal

Judgment of the General Court (Eighth Chamber) of 9 February 2022 – Companhia de Seguros Índico v Commission (Case T‑672/19) (1) (Public procurement – Financial Regulation – Exclusion from procurement procedures and from the award of grants financed by the general EU budget and by the EDF for a three-year period – Principle of good faith – Abuse of rights – Manifest error of assessment – Proportionality) 1. Acts of the institutions – Statement of reasons – Obligation – Scope – Judicial review (Art. 296, second para., TFEU) (see para. 50) 2. Action for annulment – Pleas in law – Action against a decision rejecting a tender submitted by a tenderer in the context of a public procurement procedure launched by an EU institution – Plea in law alleging a manifest error of assessment on the part of the contracting authority – Burden of proof borne by the applicant (Art. 263 TFEU) (see para. 52) 3. EU budget – Financial regulation – Administrative penalties which may be imposed by the Commission – Exclusion of an operator from a public procurement procedure – Compliance with the principle of proportionality in determining the penalty imposed on the operator (European Parliament and Council Regulation No 966/2012, as amended by Regulation No 2015/1929, Art. 106(3)) (see para. 80) Operative part The Court: 1. Dismisses the action; 2. Orders Companhia de Seguros Índico SA to pay the costs. 1 OJ C 399, 25.11.2019.