Information;Judgment — ECLI:EU:T:2025:338
Date: 2025-03-26
Language of the case: French
Court formation: Seventh Chamber
Subject matter: Freedom to provide services;Public procurement in the European Union
Procedure: Action for annulment - unfounded;Action for annulment - inadmissible;Action for damages - inadmissible
Origin: Denmark;Spain;France;Italy;Netherlands

Summary of the pleas in law on which the application is based – Documents annexed to the application – Admissibility – Conditions (Statute of the Court of Justice, Art. 21; Rules of Procedure of the General Court, Art. 76(d)) (see paragraph 34) 3. Acts of the institutions – Statement of reasons – Obligation – Scope – Assessment of the obligation to state reasons by reference to the circumstances of the case (Art. 296, second para. TFEU) (see paragraphs 40, 41) 4. Acts of the institutions – Statement of reasons – Obligation – Scope – Decision to reject a tender due to the cancellation of the negotiated procedure of a public contract – Taking into account the replies of an institution to requests of a unsuccessful tenderer – Conditions – No substitution of a new statement of reasons for the initial statement of reasons – Assessment of the information available to the applicant at the time the action was brought (Art. 296, second para. TFEU) (see paragraphs 42, 47, 48, 52) 5. European Union public contracts – Conclusion of a contract following a call for tenders – Discretion of the institutions – Judicial review – Limits (see paragraph 58) 6. Action for annulment – Pleas in law – Action directed against a rejection decision due to the cancellation by an EU institution of the negotiated procedure of a public contract – 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 paragraph 59) 7. EU law – Principles – Protection of legitimate expectations – Conditions – Specific assurances given by the authorities – Concept – Rejection decision due to the cancellation by the Parliament of the negotiated procedure of a public contract – Not included (European Parliament and Council Regulation 2018/1046, Art. 171) (see paragraphs 81, 82, 100, 101) Operative part The Court: 1. Dismisses the action; 2. Orders JDS Architects ApS, Coldefy & associés architectes urbanistes, NL Architects BV, Carlorattiassociati Srl and Ensamble studio SL to pay the costs.