BMC v Clean Sky 2 Joint Undertaking (Judgment) French Text [2020] EUECJ T-71/19 (25 November 2020)

BMC v Clean Sky 2 Joint Undertaking (Judgment) French Text [2020] EUECJ T-71/19 (25 November 2020)

The Court held that the use of non-integer (half-point) scores in the evaluation of the applicant's proposal was expressly permitted by the applicable rules and did not constitute a procedural irregularity or abuse of power. The evaluation and rejection decisions were sufficiently reasoned, and the applicant's arguments did not establish any manifest error of assessment or misuse of powers. The Court found no basis for annulment of the contested decisions.

Citation
[2020] EUECJ T-71/19
Parties
Applicant: BMC Srl; Respondent: Clean Sky 2 Joint Undertaking
Jurisdiction
European Union
Judgment Date
25 November 2020
Procedural Posture
Annulment Action (recours En Annulation) / Final Judgment at First Instance (general Court, Eighth Chamber)
Outcome
Action dismissed
Legal Topics
Horizon 2020 Programme, Grant Evaluation Procedures, Judicial Review of EU Agency Decisions, Obligation to State Reasons, Manifest Error of Assessment, Abuse of Power
EU Law Administrative Law Research and Innovation Law Horizon 2020 Programme Grant Evaluation Procedures Judicial Review of EU Agency Decisions Obligation to State Reasons Manifest Error of Assessment +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 18 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

BMC Srl

Applicant

Clean Sky 2 Joint Undertaking

Respondent

Procedural Posture

Annulment Action (recours En Annulation) / Final Judgment at First Instance (general Court, Eighth Chamber)

Legal Issues

  1. 1 Whether the evaluation procedure for the applicant's proposal under Horizon 2020 was lawful, specifically regarding the use of non-integer scores, the sufficiency of reasoning, and alleged abuse of power or manifest error of assessment.

Ratio Decidendi

The Court held that the use of non-integer (half-point) scores in the evaluation of the applicant's proposal was expressly permitted by the applicable rules and did not constitute a procedural irregularity or abuse of power. The evaluation and rejection decisions were sufficiently reasoned, and the applicant's arguments did not establish any manifest error of assessment or misuse of powers. The Court found no basis for annulment of the contested decisions.

Court Disposition

Action dismissed

Orders

  • The application for annulment is dismissed.
  • The applicant, BMC Srl, is ordered to pay the costs.