Official Journal of the European Union

C 31/6

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(Case C-641/13 P)

2014/C 31/10

Language of the case: Spanish

Parties

Appellant: Kingdom of Spain (represented by: Rubio González, acting as Agent)

Other party to the proceedings: European Commission

Form of order sought

The appellant claims that the Court should:

—uphold the present appeal and partially set aside the judgment of 16 September 2013 in Case T-2/07 Spain v Commission;

—partially annul, in accordance with the terms indicated, Commission Decision C(2006) 5102 of 20 October 2006, reducing the financial assistance from the Cohesion Fund to the group of projects bearing the reference 2001.ES.16.C.PE.050 and concerning the clearance of the hydrographical basin of Júcar (Spain), in so far as it is considered therein that the use of experience as an award criterion constitutes an irregularity; and

—order the respondent to pay the costs

Pleas in law and main arguments

Error of law as regards the finding that the use of experience as an award criterion is contrary to Article 30 of Directive 93/37. That provision does not preclude the use of criteria linked to the contractor’s experience at the time when a contract is awarded. On the contrary, the tenderer’s experience may be assessed, provided that it is used as a criterion that is not intended to measure the tenderer’s suitability, that it is kept distinct from the solvency requirement and that it is intended to determine the most economically advantageous offer by demonstrating a link between the subject-matter of the contract and the quality of its performance.

Council Directive 93/37/EEC of 14 June 1993 concerning the coordination of procedures for the award of public works contracts (OJ 1993 L 199, p. 54).

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