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Case T-376/21: Judgment of the General Court of 14 June 2023 — Instituto Cervantes v Commission (Public service contracts — Tendering procedure — Provision of language training services for the institutions, bodies and agencies of the European Union — Classification of a tenderer in the cascade procedure — Obligation to state reasons — Parts of the tender accessible via a hypertext link — Manifest errors of assessment — Misuse of powers)
ECLI:EU:UNKNOWN:62021TA0376
62021TA0376
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31.7.2023
Official Journal of the European Union
C 271/25
(Case T-376/21) (*)
(Public service contracts - Tendering procedure - Provision of language training services for the institutions, bodies and agencies of the European Union - Classification of a tenderer in the cascade procedure - Obligation to state reasons - Parts of the tender accessible via a hypertext link - Manifest errors of assessment - Misuse of powers)
(2023/C 271/36)
Language of the case: French
Parties
Applicant: Instituto Cervantes (Madrid, Spain) (represented by: E. van Nuffel d’Heynsbroeck, lawyer)
Defendant: European Commission (represented by: M. Ilkova, acting as Agent)
Intervener in support of the applicant: Kingdom of Spain (represented by: I. Herranz Elizade, acting as Agent)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the European Commission of 19 April 2021 by which it awarded Lot No 3 (Language Learning in Spanish) of the contract relating to Framework Contracts for Language Training for the Institutions, Bodies and Agencies of the European Union (HR/2020/OP/0014) in first place to the consortium CLL Centre de Langues-Allingua and in second place to the applicant.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Instituto Cervantes to bear its own costs and to pay the costs incurred by the European Commission;
3.Orders the Kingdom of Spain to bear its own costs.
(*) Language of the case: French.