Information;Order — ECLI:EU:C:2022:504
Date: 2022-06-27
Language of the case: English
Court formation: Eighth Chamber
Subject matter: Public procurement in the European Union
Procedure: Action for annulment;Appeal - unfounded
Origin: Spain

Order of the Court (Eighth Chamber) of 27 June 2022 – Equinoccio-Compañía de Comercio Exterior v Commission (Case C‑3/22 P) (Appeal – Article 181 of the Rules of Procedure of the Court of Justice – Article 263 TFEU – Acts which may be the subject of an action before the EU Courts – Pre-accession assistance – Legal situation forming part of contractual relationships governed by the national law designated by the contracting parties – National public procurement – Letter from the European Commission concerning the enforcement of a bank guarantee requested by the national contracting authority) Action for annulment – Action relating in reality to a contractual dispute – Pre-accession assistance instrument – Public procurement procedure in the context of the decentralised management of an EU programme – National public procurement – Termination of the contract by the contracting authority – Request for enforcement by the contracting authority of a bank guarantee – Countersignature by the head of the EU Delegation in the non-member State or by his or her deputy – Legal situation forming part of contractual relationships governed by the national law designated by the contracting parties – Lack of jurisdiction of the EU judicature (Arts 256, 263, 272 and 288 TFEU; Charter of Fundamental Rights of the European Union, Art. 47; Council Regulation No 1085/2006; Commission Regulation No 718/2007) (see paragraphs 9 (9, 10, 12, 13, 24-27), 10) Operative part 1. The appeal is dismissed as manifestly unfounded. 2. Equinoccio-Compañía de Comercio Exterior SL shall bear its own costs.