CELEX: 62019CN0862
Language: en
Date: 2019-11-26 00:00:00
Title: Case C-862/19 P: Appeal brought on 26 November 2019 by the Czech Republic against the judgment of the General Court (Seventh Chamber) delivered on 12 September 2019 in Case T-629/17 Czech Republic v Commission

27.1.2020   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 27/27
            
         
      Appeal brought on 26 November 2019 by the Czech Republic against the judgment of the General Court (Seventh Chamber) delivered on 12 September 2019 in Case T-629/17 Czech Republic v Commission
      (Case C-862/19 P)
      (2020/C 27/34)
      Language of the case: Czech
      
         Parties
      
      
         Appellant: Czech Republic (represented by: M. Smolek, O. Serdula, I. Gavrilová, J. Vláčil, Agents)
      
         Other parties to the proceedings: European Commission, Republic of Poland
      
         Form of order sought
      
      The appellant claims that the Court of Justice should:
      
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                  set aside the judgment of the General Court in Case T-629/17;
               
            
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                  annul Commission Implementing Decision C(2017)4682;
               
            
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                  order the Commission to pay the costs.
               
            
         Pleas in law and main arguments
      
      The appellant puts forward one ground in support of the appeal, alleging infringement of Article 16(b) of Directive 2004/18. (1)
      
      It argues that the judgment under appeal must be set aside on the ground that the General Court erred in law in concluding that the exception contained in Article 16(b) of Directive 2004/18 relates to public contracts for programme material only when the contracting authority is a broadcaster. It claims that it is nevertheless apparent from the wording, purpose, scheme and legislative history of the provision concerned that the exception in question must also be applied in the situation where the broadcaster is a contracting party in the position of a provider of programme material, as was the case with the contract at issue in the Czech Republic.
      Having regard to the fact that the financial correction implemented by Commission Decision C(2017) 4682 was founded exclusively on the fact that the contracting authority for the contract at issue was not a broadcaster, that decision must be annulled in addition to the judgment under appeal of the General Court being set aside.
      
         (1)  Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, OJ 2004 L 134, p. 114.