Notices for publication in the OJ nº T-299/18 of Tribunal General de la Unión Europea, July 06, 2018

• Resolution Date: July 06, 2018
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-299/18

Action brought on 16 May 2018 - Strabag Belgium v Parliament

(Case T-299/18)

Language of the case: French

Parties

Applicant: Strabag Belgium (Antwerp, Belgium) (represented by: M. Schoups, K. Lemmens and M. Lahbib, lawyers)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:

declare the present application for annulment admissible and well founded;

consequently, annul (i) the decision of 19 April 2018 confirming the decision of the European Parliament of 24 November 2017 to award the framework contract for general contractor works in the European Parliament buildings in Brussels (Call for tenders No 06/D20/2017/M036) to five tenderers other than Strabag Belgium SA and not to the latter undertaking, and (ii) the tender analysis report (addendum) drafted on 26 March 2018 by the evaluation committee appointed by the responsible authorising officer;

order the European Parliament to pay all of the costs, including procedural compensation.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging infringement:

(i) of Article 110(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ 2012 L 298, p. 1) as amended by Regulation (EU, Euratom) 2015/1929 of the European Parliament and of the Council of 28 October 2015 (OJ 2015 L 286, p. 1), providing that the Commission is to be empowered to adopt delegated acts in accordance with Article 210 concerning details on the award criteria, including the most economically advantageous tender;

(ii) of Article 151 [of Delegated Regulation (EU) No 1268/2012], as amended by Commission Delegated Regulation (EU) 2015/2462 of 30 October 2015 amending Delegated Regulation (EU) No 1268/2012 on the rules...