# C_2022138EN.01003001.xml

| 28.3.2022 | EN | Official Journal of the European Union | C 138/30 |
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28.3.2022

EN

Official Journal of the European Union

C 138/30

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Action brought on 8 February 2022 — Siemens v Parliament

(Case T-74/22)

(2022/C 138/35)

Language of the case: French

Parties

Applicant: Siemens SAS (Saint-Denis, France) (represented by: E. Berkani, lawyer)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:

primarily,

| — | annul the two decisions of 8 December 2021 rejecting the tenders of the temporary group of undertakings, which Siemens SAS is a member of, in respect of Lot 1 and Lot 2; |
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annul the two decisions of 8 December 2021 rejecting the tenders of the temporary group of undertakings, which Siemens SAS is a member of, in respect of Lot 1 and Lot 2;

| — | annul the two decisions awarding Lot 1 to Santerne Alsace and Lot 2 to Detection Electronique Française (DEF);
  in the alternative, |
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annul the two decisions awarding Lot 1 to Santerne Alsace and Lot 2 to Detection Electronique Française (DEF);

in the alternative,

| — | order the European Parliament to pay a sum of EUR 1 967 994 to Siemens SAS as compensation for the damages arising from the loss of opportunity to obtain Lots 1 and 2 of the disputed contract;
  in any event, |
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order the European Parliament to pay a sum of EUR 1 967 994 to Siemens SAS as compensation for the damages arising from the loss of opportunity to obtain Lots 1 and 2 of the disputed contract;

in any event,

| — | order the European Parliament to pay the costs of the proceedings. |
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order the European Parliament to pay the costs of the proceedings.

Pleas in law and main arguments

In support of its action against the two decisions of the European Parliament of 8 December 2021 rejecting the tenders it submitted for Lots 1 and 2 in the context of tendering procedure No 06A70/2021/M004 concerning the renewal of the fire safety system in the European Parliament buildings in Strasbourg, the applicant relies on two pleas in law.

| 1. | First plea in law, alleging an illegality in the exclusion of Siemens SAS from Lots 1 and 2. The applicant alleges, first, a manifest error of assessment in the scoring of the tenders by the European Parliament and, second, breach of the principle of transparency by reason of the transmission by the Parliament to Siemens SAS of a flawed simulation tool which played a decisive role in the preparation of the tenders. |
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1.

First plea in law, alleging an illegality in the exclusion of Siemens SAS from Lots 1 and 2. The applicant alleges, first, a manifest error of assessment in the scoring of the tenders by the European Parliament and, second, breach of the principle of transparency by reason of the transmission by the Parliament to Siemens SAS of a flawed simulation tool which played a decisive role in the preparation of the tenders.

| 2. | Second plea in law, alleging the non-contractual liability of the Parliament. The applicant seeks compensation for the damage suffered as a result of the loss of opportunity to obtain the award of Lots 1 and 2. |
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2.

Second plea in law, alleging the non-contractual liability of the Parliament. The applicant seeks compensation for the damage suffered as a result of the loss of opportunity to obtain the award of Lots 1 and 2.

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