Notices for publication in the OJ nº T-815/17 of Tribunal General de la Unión Europea, February 02, 2018

• Resolution Date: February 02, 2018
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-815/17

Action brought on 11 December 2017 - Správa železniční dopravní cesty v Commission and Innovation and Networks Executive Agency (INEA)

(Case T-815/17)

Language of the case: Czech

Parties

Applicant: Správa železniční dopravní cesty, státní organizace (Prague, Czech Republic) (represented by: F. Korbel, lawyer)

Defendants: European Commission and Innovation and Networks Executive Agency (INEA)

Form of order sought

annul Decision C(2014) 8572, reference INEA/ASI/MZ apr Ares(2017), of the European Commission of 11 October 2017.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

First plea in law, alleging incorrect assessment of the connection between the public contracts ‘Engineering and environmental analysis of the new rail link Lovosice-Dresden in the territory of the Czech Republic’, ‘Evaluation of the project of the new rail link Prague-Dresden in the territory of the Czech Republic’ and ‘New railway Litoměřice-Ústí nad Labem-German frontier’.

According to the contested decision, those public contracts are closely linked together and should have been awarded together as being above the threshold. That conclusion is based on an incorrect legal assessment of the matter; the subjects of those public contracts are mutually distinguishable and their implementation required different professional qualifications.

Second plea in law, alleging that the contested decision does not contain sufficiently specific reasons on the connection between the public contracts, and in particular

does not state detailed reasons for the technical connection between the public contracts which it incorrectly deduces;

does not state which specific national and European rules, or which specific provisions of those...