Notices for publication in the OJ nº T-652/19 of Tribunal General de la Unión Europea, November 08, 2019

• Resolution Date: November 08, 2019
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-652/19

Action brought on 26 September 2019 - Elevolution - Engenharia v Commission

(Case T-652/19)

Language of the case: Portuguese

Parties

Applicant: Elevolution - Engenharia SA (Amadora, Portugal) (represented by: M. Marques Mendes, R. Campos, A. Dias Henriques, M. Troncoso Ferrer and C. García Fernández, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

uphold the action and annul the decision in its entirety;

- order the Commission to pay the costs of the present proceedings.

Pleas in law and main arguments

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

First plea in law, alleging an error in the European Commission’s decision of 12 July 2019, taken by the current Director of the Directorate-General for International Cooperation and Development (DEVCO), document Ares(2019)4611765 - 16/07/2019, which excludes the applicant, for a period of three years, from public procurement and from grant award procedures financed by the European Development Found (EDF) under Council Regulation (EU) 2015/323, and ordering the publication of the factual circumstances of that exclusion information on the Commission’s website:

The applicant submits that the Commission erred in its decision as regards the factual circumstances, specifically as regards the delays in the execution of the work, which cannot be attributed to the applicant. The conciliation procedure provided for under the contract should be concluded, and the applicant cannot be criticised for the failure to set up an arbitration tribunal.

Second plea in law, alleging a failure to provide adequate reasoning and infringement of the law, specifically Article 143(5) of Regulation (EU, Euratom) 2018/1046 and Article 41 of the Charter of Fundamental Rights of the European Union and the right to good administration:

The decision is vitiated by a failure to provide adequate reasoning because it does not enable the applicant to ascertain the analysis and conclusions of the compulsory prior adversarial procedure conducted by the panel under the Financial Regulation. In disregarding the prior adversarial procedure by not making any mention of its outcome, the decision also infringes the law by undermining and infringing Article 143 of the Financial Regulation, in particular paragraph 5, and it undermines the right to good administration provided for in Article 41 of...