Notices for publication in the OJ nº T-163/20 of Tribunal General de la Unión Europea, May 15, 2020

• Resolution Date: May 15, 2020
• Issuing Organization: Tribunal General de la Unión Europea
• Decision Number: T-163/20

Action brought on 2 April 2020 - Isopix v Parliament

(Case T-163/20)

Language of the case: French

Parties

Applicant: Isopix SA (Ixelles, Belgium) (represented by: P. Van den Bulck and J. Fahner, lawyers)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:

annul, pursuant to Article 263 of the Treaty on the Functioning of the European Union, the European Parliament’s decision communicated by letter of 24 March 2020 informing the applicant that its tender for public contract COMM/DG/AWD/2019/854 had not been accepted and that that contract had been awarded to another tenderer;

order the Parliament to reconsider the tenders; in the alternative, order the Parliament to pay the applicant damages for the harm suffered as a result of the loss of an opportunity to be awarded the contract and for the costs and expenses incurred in participating in that tendering procedure;

order the Parliament to produce the tender analysis report;

order the Parliament to pay all of the costs.

Pleas in law and main arguments

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

1. First plea in law, alleging an infringement of the obligation to state reasons. The applicant submits that the letters sent by the Parliament do not constitute a statement of reasons which complies with the requirements of the General Financial Regulation, on the ground that they do not set out the qualitative benefits of the successful tender, information in relation to the price criterion, or the final score received by the applicant’s tender.

2. Second plea in law, alleging an infringement of the principles of transparency...