AGM Abogados, together with Bříza & Trubač, secures a historic victory before the Court of Justice of the European Union

The Litigation and Arbitration Department of AGM Abogados, led by partner Guillermo Bayas, has secured a decisive outcome representing the European Union Agency for the Space Programme (EUSPA) in case T41/24, ruled by the General Court of the European Union.

The case concerned the challenge to EUSPA’s decision to exclude the Spanish companies JTEC and LGAI, subsidiaries of APPLUS, from a tender for security accreditation services. The exclusion was based on the failure to demonstrate compliance with the condition of “absence of control by a third country”, as set out in Article 24(2)(c) of Regulation (EU) 2021/696 (the Space Regulation).

This judgment sets an important legal precedent, as it is the first time this provision has been interpreted before the EU courts. The Court fully upheld EUSPA’s arguments, consolidating three key principles for the security of the European space programme:

• Primacy of security: The fundamental criterion for assessing the absence of control is ensuring the protection of the EU’s operational systems.
• Potential influence is sufficient: Mere capacity for influence by third countries is enough to exclude a bidder, without the need for such influence to be exercised.
• Clarity for future bidders: Companies with non-EU shareholders must demonstrate that no decisive influence exists on the part of those countries.

The hearing, conducted in three languages (Spanish, English and French), posed a significant technical and legal challenge. The matter was jointly managed by the teams of Bříza & Trubač, attorneys at law (Czech Republic), AGM Abogados (Spain) and EUSPA’s internal legal service, the first two being members of the international law firm network SCG Legal. Guillermo Bayas, partner at AGM Abogados, stated:

“It has been an honour to act for EUSPA in a case that strengthens the legal security of the European space programme and establishes a clear framework for future tenders.”

AGM Abogados thanks Tomas Hokr and Jan Exner (Bříza & Trubač) for their collaboration and reaffirms its commitment to defending the strategic interests of its clients internationally.