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Document 62023CA0534
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)
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)
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)
OJ C, C/2025/4550, 25.8.2025, ELI: http://data.europa.eu/eli/C/2025/4550/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
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Official Journal |
EN C series |
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C/2025/4550 |
25.8.2025 |
Judgment of the Court (Eighth Chamber) of 3 July 2025 – Instituto Cervantes and Spain v Commission
(Joined Cases C-534/23 P (1) and C-539/23 P (2) )
(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:
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1. |
Dismisses the appeals in Cases C-534/23 P and C-539/23 P; |
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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. |
(1) OJ C, C/2024/530.
(2) OJ C, C/2024/531.
ELI: http://data.europa.eu/eli/C/2025/4550/oj
ISSN 1977-091X (electronic edition)