CELEX: 62017TA0280
Language: en
Date: 2018-12-07 00:00:00
Title: Case T-280/17: Judgment of the General Court of 7 December 2018 — GE.CO.P. v Commission (Public procurement — Financial Regulation — Exclusion from procedures for the award of contracts and grants financed by the general budget of the European Union for a period of two years — Article 108 of the Financial Regulation — Rights of the defence — Proof of receipt of a notification)

25.2.2019   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 72/25
            
         
      Judgment of the General Court of 7 December 2018 — GE.CO.P. v Commission
      (Case T-280/17) (1)
      
      ((Public procurement - Financial Regulation - Exclusion from procedures for the award of contracts and grants financed by the general budget of the European Union for a period of two years - Article 108 of the Financial Regulation - Rights of the defence - Proof of receipt of a notification))
      (2019/C 72/31)
      Language of the case: Italian
      
         Parties
      
      
         Applicant: GE.CO.P. Generale Costruzioni e Progettazioni SpA (Rome, Italy) (represented by: G. Naticchioni, lawyer)
      
         Defendant: European Commission (represented by: F. Dintilhac and F. Moro, acting as Agents)
      
         Re:
      
      Application under Article 263 TFEU seeking annulment, first, of the Commission Decision of 7 March 2017 excluding the applicant from participation in procedures for the award of contracts and grants financed by the general budget of the European Union and participation in award procedures within the framework of Council Regulation (EU) 2015/323 of 2 March 2015 on the financial regulation applicable to the eleventh European Development Fund (OJ 2015 L 58, p. 17) and ordering the publication of that exclusion on the Commission’s website and, secondly, of all relevant acts precedent or subsequent to that decision, including any of which the applicant is unaware.
      
         Operative part of the judgment
      
      The Court:
      
                  1.
               
               
                  Annuls the Commission Decision of 7 March 2017 excluding GE.CO. P. Generale Costruzioni e Progettazioni SpA from participation in procedures for the award of contracts and grants financed by the general budget of the European Union and participation in award procedures within the framework of Council Regulation (EU) 2015/323 of 2 March 2015 on the financial regulation applicable to the eleventh European Development Fund and ordering the publication of that exclusion on the Commission’s website;
               
            
                  2.
               
               
                  Dismisses the action as to the remainder;
               
            
                  3.
               
               
                  Orders the Commission to pay the costs.
               
            
         (1)  OJ C 213, 3.7.2017.