This document is an excerpt from the EUR-Lex website
Document 62023TJ0001
Judgment of the General Court (First Chamber) of 6 September 2023.
Enmacc GmbH v European Commission.
Public supply contracts – Procurement procedure – Organisation of demand aggregation and tendering of gas under the EU Energy Platform – Negotiated procedure without prior publication of a contract notice – Refusal of a request to participate in the procedure – Obligation to state reasons – Article 164(5)(f) of, and point 11.1(c) of Annex I to, Regulation (EU, Euratom) 2018/1046 – Transparency – Equal treatment.
Case T-1/23.
Judgment of the General Court (First Chamber) of 6 September 2023.
Enmacc GmbH v European Commission.
Public supply contracts – Procurement procedure – Organisation of demand aggregation and tendering of gas under the EU Energy Platform – Negotiated procedure without prior publication of a contract notice – Refusal of a request to participate in the procedure – Obligation to state reasons – Article 164(5)(f) of, and point 11.1(c) of Annex I to, Regulation (EU, Euratom) 2018/1046 – Transparency – Equal treatment.
Case T-1/23.
Court reports – general
ECLI identifier: ECLI:EU:T:2023:506
Judgment of the General Court (First Chamber) of 6 September 2023 –
Enmacc v Commission
(Case T‑1/23) ( 1 )
(Public supply contracts – Procurement procedure – Organisation of demand aggregation and tendering of gas under the EU Energy Platform – Negotiated procedure without prior publication of a contract notice – Refusal of a request to participate in the procedure – Obligation to state reasons – Article 164(5)(f) of, and point 11.1(c) of Annex I to, Regulation (EU, Euratom) 2018/1046 – Transparency – Equal treatment)
1. |
Acts of the institutions – Statement of reasons – Obligation – Scope – Decision, in the procedure for the award of a public service contract, not to accept a tender – Obligation on the awarding authority to provide a detailed comparative analysis of the tender accepted and the tender of the unsuccessful tenderer – None (European Parliament and Council Regulation 2018/1046, Art. 170(2) and (3)(a)) (see paragraph 33) |
2. |
Approximation of laws – Public procurement procedures in the water, energy, transport and telecommunications sectors – Regulation 2022/2576 – Derogations from common rules – Conditions (European Parliament and Council Regulation 2018/1046, Art. 164(1)(d) and (5)(f), and Annex I, point 11.1(c); Council Regulation 2022/2576) (see paragraph 41) |
3. |
Approximation of laws – Public procurement procedures in the water, energy, transport and telecommunications sectors – Regulation 2022/2576 – Negotiated procedure without prior publication of a contract notice – Contracting authority allowed to approach only one economic operator – Conditions – Unforeseeable events – Meaning (European Parliament and Council Regulation 2018/1046, Art. 164(1)(d), and Annex I, point 11.1(c); Council Regulation 2022/2576) (see paragraph 51) |
4. |
Approximation of laws – Public procurement procedures in the water, energy, transport and telecommunications sectors – Regulation 2022/2576 – Open procedure – Conditions – Consequences (European Parliament and Council Regulation 2018/1046, Art. 164(1)(a), and Annex I, point 26.1(a); Council Regulation 2022/2576) (see paragraphs 70-82) |
5. |
Approximation of laws – Public procurement procedures in the water, energy, transport and telecommunications sectors – Regulation 2022/2576 – Negotiated procedure without prior publication of a contract notice – Contracting authority allowed to approach only one economic operator – Conditions – Extreme urgency – Meaning (European Parliament and Council Regulation 2018/1046, Art. 164(1)(d), and Annex I, point 11.1(c); Council Regulation 2022/2576) (see paragraphs 83, 84) |
6. |
Approximation of laws – Public procurement procedures in the water, energy, transport and telecommunications sectors – Regulation 2022/2576 – Negotiated procedure without prior publication of a contract notice – Contracting authority allowed to approach only one economic operator – Conditions – Causal link between the unforeseeable event and the extreme urgency – Contracting authority having unduly delayed the launch of the procurement procedure – Not included (European Parliament and Council Regulation 2018/1046, Art. 164(1)(d), and Annex I, point 11.1(c); Council Regulation 2022/2576) (see paragraph 91) |
7. |
Approximation of laws – Public procurement procedures in the water, energy, transport and telecommunications sectors – Regulation 2022/2576 – Negotiated procedure without prior publication of a contract notice – Contracting authority allowed to approach only one economic operator – Conditions – Causal link between the unforeseeable event and the extreme urgency – Preparation of the schedule of the procurement procedure by the Commission – Included (European Parliament and Council Regulation 2018/1046, Art. 164(1)(d), and Annex I, point 11.1(c); Council Regulation 2022/2576) (see paragraph 104) |
8. |
Approximation of laws – Public procurement procedures in the water, energy, transport and telecommunications sectors – Regulation 2022/2576 – Negotiated procedure without prior publication of a contract notice – Contracting authority allowed to approach only one economic operator – Conditions – Need for shortage to have actually occurred – Not included (European Parliament and Council Regulation 2018/1046, Art. 164(1)(d), and Annex I, point 11.1(c); Council Regulation 2022/2576) (see paragraph 110) |
9. |
Approximation of laws – Public procurement procedures in the water, energy, transport and telecommunications sectors – Regulation 2022/2576 – Negotiated procedure without prior publication of a contract notice – Contracting authority allowed to approach only one economic operator – Conditions – Prospecting the market – Not included (European Parliament and Council Regulation 2018/1046, Art. 164(1)(d), and Annex I, point 11.1(c); Council Regulation 2022/2576) (see paragraphs 119, 124) |
Operative part
The Court:
1. |
Dismisses the action; |
2. |
Orders Enmacc GmbH to pay the costs, including those relating to the proceedings for interim relief. |
( 1 ) OJ C 54, 13.2.2023.