The EU General Court imposes an onerous burden of proof requiring evidence on the existence of a de facto advantage derived from the existence of a conflict of interest with a view on the annulment of a tender decision for the provision of language training services for staff of the EU institutions in Brussels (Communicaid Group)

GC sets burden of proof of conflicts of interest in procurement too high (T-4/13)* In its Judgment in Communicaid Group v Commission, T-4/13, EU:T:2014:431, the General Court (GC) decided another appeal against EU Institution's public procurement decisions. In this case, the procurement was for language training services for staff of the institutions, bodies and agencies of the European Union in Brussels, and the appellant challenged the rejection of its tender on several grounds, including violations of the principles of transparency and equal treatment. The case raises a number of issues, but I think that it can be particularly interesting from the perspective of conflicts of interest in the evaluation of tenders, since the appellant submitted that "one of the seconded national

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Albert Sánchez Graells, The EU General Court imposes an onerous burden of proof requiring evidence on the existence of a de facto advantage derived from the existence of a conflict of interest with a view on the annulment of a tender decision for the provision of language training services for staff of the EU institutions in Brussels (Communicaid Group), 11 June 2014, e-Competitions Bulletin Public procurement, Art. N° 67149

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