# C_2021490EN.01005102.xml

| 6.12.2021 | EN | Official Journal of the European Union | C 490/51 |
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6.12.2021

EN

Official Journal of the European Union

C 490/51

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Action brought on 18 October 2021 — Civitta Eesti v Commission

(Case T-665/21)

(2021/C 490/62)

Language of the case: English

Parties

Applicant: Civitta Eesti AS (Tartu, Estonia) (represented by: C. Ginter, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

| — | annul the defendant’s decision of 12 October 2021 (1) to reject the applicant’s tender in the procurement procedure MOVE/2020/OP/0008 ‘Legal, socio-economic and technical assistance in the fields of Energy and Mobility and Transport’, lot 5: ‘socio-economic assistance activities in the field of mobility and transport’; |
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annul the defendant’s decision of 12 October 2021 (1) to reject the applicant’s tender in the procurement procedure MOVE/2020/OP/0008 ‘Legal, socio-economic and technical assistance in the fields of Energy and Mobility and Transport’, lot 5: ‘socio-economic assistance activities in the field of mobility and transport’;

| — | annul every consequent, intended or related measure, including even measures as yet unknown taken by the defendant in lot 5 of the aforementioned procurement procedure, and, in particular, annul the tender evaluation reports and any contract entered to with the successful tenderer; and |
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annul every consequent, intended or related measure, including even measures as yet unknown taken by the defendant in lot 5 of the aforementioned procurement procedure, and, in particular, annul the tender evaluation reports and any contract entered to with the successful tenderer; and

| — | order the defendant to pay the costs. |
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order the defendant to pay the costs.

Pleas in law and main arguments

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

| 1. | First plea in law, alleging that the defendant made a manifest error of assessment by rejecting the applicant’s tender and thus infringed Article 168 (6) of Regulation (EU, Euratom) 2018/1046. (2) |
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1.

First plea in law, alleging that the defendant made a manifest error of assessment by rejecting the applicant’s tender and thus infringed Article 168 (6) of Regulation (EU, Euratom) 2018/1046. (2)

| 2. | Second plea in law, alleging that the defendant infringed Article 41 of the Charter of Fundamental Rights of the European Union by rejecting the applicant’s tender and not considering the applicant’s explanations regarding the existence and integrity of its technical offer. |
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2.

Second plea in law, alleging that the defendant infringed Article 41 of the Charter of Fundamental Rights of the European Union by rejecting the applicant’s tender and not considering the applicant’s explanations regarding the existence and integrity of its technical offer.

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(1)  As notified to the applicant by the defendant’s letter no Ares (2021) 6214855 of 12 October 2021.

(2)  Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ 2018 L 193, p. 1-222).

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