Notices for publication in the OJ nº T-525/19 of Tribunal General de la Unión Europea, September 13, 2019

Resolution DateSeptember 13, 2019
Issuing OrganizationTribunal General de la Unión Europea
Decision NumberT-525/19

Action brought on 25 July 2019 - Intering and Others v Commission

(Case T-525/19)

Language of the case: German

Parties

Applicants: Intering SH.P.K. (Obiliq, Kosovo), Steinmüller Engineering GmbH (Gummersbach, Germany), Deling d.o.o. za proizvodnju, promet i usluge (Šići bb, Tuzla, Bosnia and Herzegovina), ZM- Vikom d.o.o. za proizvodnju, konstruckcije i montažu (Šibenik, Croatia) (represented by: R. Spielhofen, Rechtsanwalt), forming a consortium

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

annul the decision of the defendant, represented by the European Commission, in the name of and on behalf of Kosovo, of June 2019 (by means of an undated document, made available to the applicant on 7 June 2019) - Ref.: Ares(2019)3677456-07/06/2019 - on the exclusion of the applicant from the further tendering procedure and its non-inclusion on the short list in connection with a procedure for the award of a contract under the programme entitled ‘EU Support to clean air in Kosovo’ to reduce dust and NOx emissions at TPP Kosovo B, Units B1 and B2 - Publication reference no.: EuropeAid/140043/DH/WKS/XK.

By application of 2 August 2019, the form of order was modified as follows:

annul the decision of the defendant, represented by the European Commission, in the name of and on behalf of Kosovo, of 29 June 2019 (disclosed to the applicant by letter of 30 July 2019) - Ref.: Ares(2019)4979920-30/07/2019 and Ares D(2019) NA/vk - on the exclusion of the applicant from the further tendering procedure and its non-inclusion on the short list in connection with a procedure for the award of a contract under the programme entitled ‘EU Support to clean air in Kosovo’ to reduce dust and NOx emissions at TPP Kosovo B, Units B1 and B2 - Publication reference no.: EuropeAid/140043/DH/WKS/XK.

Pleas in law and main arguments

In support of the action, the applicants rely on eight pleas in law:

First plea in law: Infringement of the principles of transparency, proportionality and equal treatment of tenderers in that the defendant failed to resolve its doubts with regard to the documents filed by the applicants, despite the fact that it appeared to have doubts to that effect, and excluded the applicants from the further tendering procedure without giving them the opportunity to resolve the abovementioned doubts.

Second plea in law: Infringement of the principles of transparency and proportionality in that the...

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