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Case T-652/19: Judgment of the General Court of 9 February 2022 — Elevolution — Engenharia v Commission (Public procurement — Financial regulation — Exclusion from procurement and grant-award procedures covered by the EDF for a three-year period — Obligation to state reasons — Principle of sound administration — Right to be heard — Manifest error of assessment — Proportionality)

ECLI:EU:UNKNOWN:62019TA0652

62019TA0652

February 9, 2022
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21.3.2022

Official Journal of the European Union

C 128/18

(Case T-652/19) (<span class="oj-super oj-note-tag">1</span>)

(Public procurement - Financial regulation - Exclusion from procurement and grant-award procedures covered by the EDF for a three-year period - Obligation to state reasons - Principle of sound administration - Right to be heard - Manifest error of assessment - Proportionality)

(2022/C 128/25)

Language of the case: Portuguese

Parties

Applicant: Elevolution — Engenharia, SA (Amadora, Portugal) (represented by: M. Marques Mendes, R. Campos, A. Dias Henriques, M. Troncoso Ferrer and C. García Fernández, lawyers)

Defendant: European Commission (represented by: I Melo Sampaio, acting as Agent)

Re:

Application under Article 263 TFEU seeking annulment of the Commission decision of 12 July 2019 excluding the applicant for three years from participating in procurement and grant-award procedures financed by the European Development Fund (EDF) and concerning the publication of information relating to that exclusion.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Elevolution — Engenharia, SA to pay the costs, including the costs relating to the proceedings for interim measures.

(<span class="oj-super">1</span>) OJ C 399, 25.11.2019.

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