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Document 62021TO0022
Order of the General Court (First Chamber) of 22 October 2021.
Equinoccio-Compañía de Comercio Exterior, SL v European Commission.
Action for annulment – Instrument for Pre-Accession Assistance – Non-member State – National public procurement – Termination of the contract by the contracting authority – Request for enforcement by the contracting authority of a bank guarantee – Countersignature by the Head of the EU Delegation in the non-member State or his deputy – Lack of jurisdiction.
Case T-22/21.
Order of the General Court (First Chamber) of 22 October 2021.
Equinoccio-Compañía de Comercio Exterior, SL v European Commission.
Action for annulment – Instrument for Pre-Accession Assistance – Non-member State – National public procurement – Termination of the contract by the contracting authority – Request for enforcement by the contracting authority of a bank guarantee – Countersignature by the Head of the EU Delegation in the non-member State or his deputy – Lack of jurisdiction.
Case T-22/21.
Court reports – general – 'Information on unpublished decisions' section
ECLI identifier: ECLI:EU:T:2021:743
Order of the General Court (First Chamber) of 22 October 2021 –
Equinoccio-Compañía de Comercio Exterior v Commission
(Case T‑22/21)
(Action for annulment – Instrument for Pre-Accession Assistance – Non-member State – National public procurement – Termination of the contract by the contracting authority – Request for enforcement by the contracting authority of a bank guarantee – Countersignature by the Head of the EU Delegation in the non-member State or his deputy – Lack of jurisdiction)
Action for annulment – Action relating in reality to a contractual dispute – Pre-Accession Assistance Instrument – Non-member State – National public procurement – Termination of the contract by the contracting authority – Request for enforcement by the contracting authority of a bank guarantee – Countersignature by the Head of the EU Delegation in the non-member State or by his or her deputy – No jurisdiction of the EU judicature – Inadmissibility
(Arts 263 and 288 TFEU)
(see paras 22-25, 30, 34-36)
Re:
Application under Article 263 TFEU for annulment of the Commission’s letter of 5 November 2020, with reference GK/Regio.ddg.d. 1(2020)6793282, concerning the enforcement of the bank guarantee requested by the Turkish Ministry of Science, Industry and Technology.
Operative part
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1. |
The action is dismissed. |
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2. |
Equinoccio-Compañía de Comercio Exterior, SL shall pay the costs. |