This document is an excerpt from the EUR-Lex website
Document 62017TJ0629
Judgment of the General Court (Seventh Chamber) of 12 September 2019.
Czech Republic v European Commission.
ERDF — ESF — Reduction in financial assistance — Public procurement — Article 99(1)(a) of Regulation (EC) No 1083/2006 — Article 16(b) of Directive 2004/18/EC — Specific exclusion — Public service contracts for the acquisition, development, production or co-production of programme material intended for broadcasting by broadcasters.
Case T-629/17.
Judgment of the General Court (Seventh Chamber) of 12 September 2019.
Czech Republic v European Commission.
ERDF — ESF — Reduction in financial assistance — Public procurement — Article 99(1)(a) of Regulation (EC) No 1083/2006 — Article 16(b) of Directive 2004/18/EC — Specific exclusion — Public service contracts for the acquisition, development, production or co-production of programme material intended for broadcasting by broadcasters.
Case T-629/17.
Judgment of the General Court (Seventh Chamber) of 12 September 2019 –
Czech Republic v Commission
(Case T‑629/17)
(ERDF — ESF — Reduction in financial assistance — Public procurement — Article 99(1)(a) of Regulation (EC) No 1083/2006 — Article 16(b) of Directive 2004/18/EC — Specific exclusion — Public service contracts for the acquisition, development, production or co-production of programme material intended for broadcasting by broadcasters)
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Own resources of the European Union — Regulation on protection of the financial interests of the Union — Eligibility for EU funding — Obligation for operations selected for funding to comply with EU law — Scope (Council Regulation No 1083/2006, Recital 22 and Art. 9(5); European Parliament and Council Directive 2004/18) (see para. 23) |
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EU law — Interpretation — Methods — Literal, systematic and teleological interpretation (European Parliament and Council Directive 2004/18, Art. 16(b)) (see paras 26-28) |
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Approximation of laws — Procedures for the award of public works contracts, public supply contracts and public service contracts — Directive 2004/18 — Derogations from common rules — Restrictive interpretation (European Parliament and Council Directive 2004/18, Art. 16(b)) (see para. 29) |
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Approximation of laws — Procedures for the award of public works contracts, public supply contracts and public service contracts — Directive 2004/18 — Scope (European Parliament and Council Directive 2014/24, Recital 25 and Art. 16(b); Council Directive 92/50, Art. 1(a)(iv)) (see paras 34-39, 47, 48, 63) |
Re:
Action under Article 263 TFEU seeking annulment of Commission Implementing Decision C(2017) 4682 final of 6 July 2017 cancelling part of the European Social Fund assistance for the operational programme ‘Education for Competitiveness’ under the ‘Convergence’ and ‘Regional Competitiveness and Employment’ objectives in the Czech Republic and part of the European Regional Development Fund assistance for the operational programmes ‘Research and Development for Innovations’ under the ‘Convergence’ objective in the Czech Republic and ‘Technical Assistance’ under the ‘Convergence’ and ‘Regional Competitiveness and Employment’ objectives in the Czech Republic.
Operative part
The Court:
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Dismisses the action; |
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Orders the Czech Republic to pay the costs; |
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Orders the Republic of Poland to bear its own costs. |