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Joined Cases C-534/23 P and C-539/23 P: Judgment of the Court (Eighth Chamber) of 3 July 2025 – Instituto Cervantes and Spain v Commission (Appeal – Award of public contracts by the European Union – Regulation (EU, Euratom) 2018/1046 – Contract for language training services – Obligation to submit tenders via the electronic application eSubmission – Use by a tenderer of a hypertext link to a website containing documents describing the tender – Refusal of the administration to take those documents into consideration – Principles of legal certainty and the protection of legitimate expectations – Article 41 of the Charter of Fundamental Rights of the European Union – Objective impartiality – Obligation to state reasons – Comparative tender evaluation method)
ECLI:EU:UNKNOWN:62023CA0534
62023CA0534
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Official Journal of the European Union
C series
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C/2025/4550
(Joined Cases C-534/23 P
(Appeal - Award of public contracts by the European Union - Regulation (EU, Euratom) 2018/1046 - Contract for language training services - Obligation to submit tenders via the electronic application eSubmission - Use by a tenderer of a hypertext link to a website containing documents describing the tender - Refusal of the administration to take those documents into consideration - Principles of legal certainty and the protection of legitimate expectations - Article 41 of the Charter of Fundamental Rights of the European Union - Objective impartiality - Obligation to state reasons - Comparative tender evaluation method)
(C/2025/4550)
Language of the case: French
Parties
Appellants: Instituto Cervantes (C-534/23 P) (represented by: E. van Nuffel d’Heynsbroeck, lawyer), Kingdom of Spain (C-539/23 P) (represented initially by I. Herranz Elizalde and A. Pérez-Zurita Gutiérrez, and subsequently by M. Morales Puerta and A. Pérez-Zurita Gutiérrez, acting as Agents)
Other party to the proceedings: European Commission (represented by: M. Ilkova and P. Ortega Sánchez de Lerín, acting as Agents)
Operative part of the judgment
The Court:
1.Dismisses the appeals in Cases C-534/23 P and C-539/23 P;
2.Orders Instituto Cervantes and the Kingdom of Spain to bear their own costs and to pay those of the European Commission relating to the appeals.
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(1) OJ C, C/2024/530.
ELI: http://data.europa.eu/eli/C/2025/4550/oj
ISSN 1977-091X (electronic edition)
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