# C_2011355EN.01002701.xml

| 3.12.2011 | EN | Official Journal of the European Union | C 355/27 |
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3.12.2011

EN

Official Journal of the European Union

C 355/27

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Action brought on 2 October 2011 — European Dynamics Luxembourg and Others v Commission

(Case T-536/11)

2011/C 355/48

Language of the case: English

Parties

Parties

Applicants: European Dynamics Luxembourg SA (Ettelbrück, Luxembourg), European Dynamics Belgium SA (Brussels, Belgium), Evropaïki Dynamiki — Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: N. Korogiannakis and M. Dermitzakis, lawyers)

Applicants:

Defendant: European Commission

Defendant:

Form of order sought

Form of order sought

| — | Annul the decision of the Publications Office of the European Union to select the applicants’ bid submitted in response to the open call for tenders AO 10340 (lots 1, 3 and 4) ‘Computing Services — Software Development, Maintenance, Consultancy and Assistance for Different Types of IT Applications’ (1), as third contractor in the cascade mechanism for lots 1 and 4 and as second contractor in the cascade mechanism for lot 3, communicated to the applicants by letter dated 22 July 2011, and all the related decisions of the Office, including those to award the respective contract to the first and second cascade contractors; and |
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Annul the decision of the Publications Office of the European Union to select the applicants’ bid submitted in response to the open call for tenders AO 10340 (lots 1, 3 and 4) ‘Computing Services — Software Development, Maintenance, Consultancy and Assistance for Different Types of IT Applications’ (1), as third contractor in the cascade mechanism for lots 1 and 4 and as second contractor in the cascade mechanism for lot 3, communicated to the applicants by letter dated 22 July 2011, and all the related decisions of the Office, including those to award the respective contract to the first and second cascade contractors; and

1

| — | Order the Publications Office of the European Union to pay damages suffered on account of the loss of opportunity and damage to the applicants’ reputation and credibility in the amount of 3 450 000 euros (EUR); and |
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Order the Publications Office of the European Union to pay damages suffered on account of the loss of opportunity and damage to the applicants’ reputation and credibility in the amount of 3 450 000 euros (EUR); and

| — | Order the Publications Office of the European Union to pay the applicants’ legal and other costs and expenses incurred in connection with the present application. |
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Order the Publications Office of the European Union to pay the applicants’ legal and other costs and expenses incurred in connection with the present application.

Pleas in law and main arguments

Pleas in law and main arguments

In support of their action, the applicants rely on three pleas in law, for each lot.

| 1. | First plea in law, alleging






  — | that the Publications Office of the European Union has infringed the obligation to state reasons, that it has not properly disclosed the relative merits of the successful tenderer and, in general, that it has failed to comply with the provisions of Article 100(2) of the Financial Regulation; |
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1.

First plea in law, alleging

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that the Publications Office of the European Union has infringed the obligation to state reasons, that it has not properly disclosed the relative merits of the successful tenderer and, in general, that it has failed to comply with the provisions of Article 100(2) of the Financial Regulation;

| 2. | Second plea in law, alleging






  — | that the Publications Office of the European Union has infringed the tender specifications, as well as applied an award criterion contrary to Article 97 of the Financial Regulation and Article 138 of the Implementing Rules; |
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2.

Second plea in law, alleging

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that the Publications Office of the European Union has infringed the tender specifications, as well as applied an award criterion contrary to Article 97 of the Financial Regulation and Article 138 of the Implementing Rules;

| 3. | Third plea in law, alleging






  — | manifest errors of assessment, vague and unsubstantiated comments of the evaluation committee, modification of the award criteria included in the call for tender a posteriori, not notifying new criteria to tenderers in due time and mixing selection and award criteria. |
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3.

Third plea in law, alleging

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manifest errors of assessment, vague and unsubstantiated comments of the evaluation committee, modification of the award criteria included in the call for tender a posteriori, not notifying new criteria to tenderers in due time and mixing selection and award criteria.

a posteriori

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(1)  OJ 2011/S 66 — 106099

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