Elevolution - Engenharia v Commission (Judgment) French Text [2022] EUECJ T-652/19 (09 February 2022)

Elevolution - Engenharia v Commission (Judgment) French Text [2022] EUECJ T-652/19 (09 February 2022)

The Tribunal held that the Commission's exclusion decision was sufficiently reasoned, respected the applicant's rights to be heard and good administration, did not require a prior definitive judicial or arbitral finding of breach, and was proportionate given the gravity and impact of the applicant's contractual breaches. The applicant failed to demonstrate any error of law or manifest error of assessment by the Commission.

Citation
[2022] EUECJ T-652/19
Parties
Applicant: Elevolution - Engenharia, SA; Respondent: Commission européenne
Jurisdiction
European Union
Judgment Date
09 February 2022
Procedural Posture
Annulment Action (article 263 Tfeu) / Final Judgment
Outcome
application dismissed
Legal Topics
Exclusion From Procurement Procedures, Financial Regulation, Right to Be Heard, Proportionality, Obligation to State Reasons, Good Administration
EU Administrative Law Public Procurement Exclusion From Procurement Procedures Financial Regulation Right to Be Heard Proportionality Obligation to State Reasons Good Administration

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Parties

Elevolution - Engenharia, SA

Applicant

Commission européenne

Respondent

Procedural Posture

Annulment Action (article 263 Tfeu) / Final Judgment

Legal Issues

  1. 1 Whether the Commission's exclusion decision violated the obligation to state reasons, the principle of good administration, and the right to be heard
  2. 2 Whether exclusion required a prior definitive judicial/arbitral finding of breach
  3. 3 Whether the exclusion was disproportionate

Ratio Decidendi

The Tribunal held that the Commission's exclusion decision was sufficiently reasoned, respected the applicant's rights to be heard and good administration, did not require a prior definitive judicial or arbitral finding of breach, and was proportionate given the gravity and impact of the applicant's contractual breaches. The applicant failed to demonstrate any error of law or manifest error of assessment by the Commission.

Court Disposition

application dismissed

Orders

  • The application is rejected in its entirety.
  • Elevolution - Engenharia, SA is ordered to pay the costs, including those relating to the interim relief proceedings.