Judgment;Information — ECLI:EU:T:2021:701
Date: 2021-10-13
Language of the case: French
Subject matter: Public procurement in the European Union
Procedure: Action for annulment - unfounded
Origin: Belgium;Italy

Judgment of the General Court (Tenth Chamber) of 13 October 2021 – Ciano Trading & Services CT & S and Others v Commission (Case T‑45/21) (1) (Public service contracts – Tendering procedure – Sustainable restoration for the Commission in Brussels and its surroundings – Annulment of the tendering procedure – Legitimate expectations – Abuse of rights) 1. EU law – Principles – Protection of legitimate expectations – Conditions – Specific assurances given by the authorities – Concept (see para. 27) 2. EU law – General principles of law – Prohibition on relying on EU law for fraudulent or abusive ends – Existence of a fraudulent or abusive practice (see para. 48) 3. European Union public contracts – Cancellation of the tendering procedure – Discretion of the contracting authority – Limits – Respect for the principle prohibiting abuse of rights and the principle of good faith (European Parliament and Council Regulation 2018/1046, Art. 171) (see paras 49-52) 4. EU law – Abuse of a right arising from a provision of EU law – Actions constituting abuse – Elements to be taken into consideration (see paras 56-58) Operative part The Court: 1. Dismisses the action; 2. Orders Ciano Trading & Services CT & S SpA, Silvia Brizio, Laurence André and Lidia Pacitti to pay the costs relating to the main proceedings and to the proceedings for interim measures. 1 OJ C 88, 15.3.2021.