Order — ECLI:EU:C:2016:872
Date: 2016-11-10
Language of the case: French
Court formation: Ninth Chamber
Subject matter: Freedom to provide services;Public procurement in the European Union
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible
Origin: Belgium

Order of the Court (Ninth Chamber) of 10 November 2016 — Brouillard v Court of Justice of the European Union (Case C‑590/15 P) (1) (Appeal — Article 181 of the Rules of Procedure of the Court of Justice — Public service contracts — Negotiated tender procedure for the conclusion of framework contracts for the translation of legal texts — Exclusion of a proposed subcontractor — Professional competence — Requirement of full legal training — Recognition of diplomas) 1. Appeals — Grounds — Plea submitted for the first time in the context of the appeal — Inadmissibility (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para.18) 2. Appeals — Grounds — Specific criticism of a point of the General Court’s reasoning necessary (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.; Rules of Procedure of the Court of Justice, Art. 168) (see para. 23) 3. European Union public contracts — Conclusion of a contract following a call for tenders — Criteria for selecting candidates — Criterion requiring a full legal education for providing legal translation services at the Court of Justice — Obligation for the contracting authority to compare, in accordance with Directive 2005/36, the qualifications claimed by a tenderer with those required in the contract notice — No such obligation (Arts 45 TFEU and 49 TFEU; European Parliament and Council Directive 2005/36, Title III) (see paras30, 31) 4. Appeal — Grounds — Review by the Court of the assessment of the rules of national law relied on by a party — Possible only where the clear sense of the evidence has been distorted (Art. 256(1), second para., TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para.44) 5. European Union public contracts — Conclusion of a contract following a call for tenders — Discretion of the institutions — Judicial review — Limits (see para. 63) Operative part 1. The appeal is dismissed. 2. Alain Laurent Brouillard is ordered to pay the costs. 1 OJ C 48, 8.2.2016.