Judgment of the Court (Tenth Chamber) of 4 June 2020.Terna SpA v European Commission.Appeal – Energy – Projects of common interest to the EU – EU financial assistance granted to two projects in the field of trans-European energy networks – Directive 2004/17/EC – Article 37 – Subcontracting – Article 40(3)(c) – Direct award – Technical specificity – Framework agreement – Reduction of the assistance originally granted following a financial audit – Reimbursement of amounts originally paid.Case C-812/18 P.

Judgment // 04/06/2020 // 1 min read
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Judgment of the Court (Tenth Chamber) of 4 June 2020 –Terna v Commission

(Case C‑812/18 P) ( 1 )

(Appeal – Energy – Projects of common interest to the EU – EU financial assistance granted to two projects in the field of trans-European energy networks – Directive 2004/17/EC – Article 37 – Subcontracting – Article 40(3) (c) – Direct award – Technical specificity – Framework agreement – Reduction of the assistance originally granted following a financial audit – Reimbursement of amounts originally paid)

  1. Approximation of laws – Procedures for awarding contracts in the water, energy, transport and postal services sectors – Directive 2004/17 – Use of subcontracting by the tenderer to whom the contract was directly awarded – Subcontracting in relation to tasks without technical specificity – Whether permissible

(European Parliament and Council Directive 2004/17, Arts 37 and 40 (3) (c))

(see paras 47-54)

  1. EU law – Principles – Protection of legitimate expectations – Specific assurances given by the authorities – Concept – Silence of the administration – Not included

(European Parliament and Council Directive 2004/17, Arts 37 and 40 (3) (c))

(see paras 66-68)

Operative part

The Court:

  1. Dismisses the appeal;

  2. Orders Terna SpA to pay the costs.

( 1 ) OJ C 72, 25.2.2019.

Energy