Notices for publication in the OJ nº T-849/19 of Tribunal General de la Unión Europea, January 31, 2020

• Resolution Date: January 31, 2020
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-849/19

Action brought on 16 December 2019 - Leonardo v Frontex

(Case T-849/19)

Language of the case: Italian

Parties

Applicant: Leonardo SpA (Rome, Italy) (represented by: M. Esposito, F. Caccioppoli and G. Calamo, lawyers)

Defendant: European Border and Coast Guard Agency (Frontex)

Form of order sought

The applicant claims that the Court should, as regards the substance:

annul the acts referred to below;

order the defendant to pay compensation for all the direct and indirect damage that has been suffered and continues to be suffered, in whatever capacity, as a result of the unlawful nature of the call for tender at issue;

by way of a measure of inquiry, order the commissioning of an expert’s report pursuant to Articles 91(e) and 96 of the Rules of Procedure of the General Court, in order to establish that: (a) the terms of the call for tender at issue are unreasonable, unnecessary and do not comply with the relevant sectoral regulations; (b) the contested terms prevent Leonardo from making an offer; (c) there are cost-related reasons and reasons of technical feasibility for dividing the contract into two or more lots;

order the defendant to pay the costs.

Pleas in law and main arguments

The present action has been brought against the call for tender FRONTEX/OP/888/2019/JL/CG for the service ‘Remotely Piloted Aircraft Systems (RPAS) for Medium Altitude Long Endurance Maritime Aerial Surveillance’, published on 18 October 2019 in the Supplement to the Official Journal of the European Union (Tenders Electronic Daily (TED)) under reference 2019/S 202-490010, and the respective acts attached to it, in particular:

Invitation to Tender, available online at https://etendering.ted.europa.eu/cft/cft-document.html?docId= 61915;

Financial proposal, available online at https://etendering.ted.europa.eu/cft/cft-document.html?docId= 61916;

Declaration, available online at https://etendering.ted.europa.eu/cft/cft-document.html?docId= 61917;

Annex I - Tender Specifications, available online at ;

Tender Submission Form, available online at ;

Draft Contract, available online at https://etendering.ted.europa.eu/cft/cft-document.html?docId= 61921;

Agreement of non-disclosure, available online at ;

Appendix 1, available online at https://etendering.ted.europa.eu/cft/cft-document.html?docId= 61924;

Appendix 2, available online at https://etendering.ted.europa.eu/cft/cft-document.html?docId= 61925;

Appendix 3, available online at...