Order;Information — ECLI:EU:C:2022:409
Date: 2022-05-20
Language of the case: English
Court formation: Tenth Chamber
Subject matter: Freedom to provide services;Public procurement in the European Union
Procedure: Action for annulment;Appeal - unfounded;Appeal - inadmissible;Action for damages

Appeal brought on 9 April 2021 by Germann Avocats LLC against the order of the General Court (Tenth Chamber) delivered on 4 February 2021 in Case T-352/18, Germann Avocats LLC v European Commission (Case C-233/21 P) Language of the case: English Parties Appellant: Germann Avocats LLC (represented by: N. Scandamis, dikigoros) Other party to the proceedings: European Commission Form of order sought The applicant claims that the Court should: confirm points 24 to 48 of the contested order fully rejecting the Commission's objection of inadmissibility; for the rest, fully set aside the contested order; annul pursuant to Article 263 TFEU the Commission’s decision contained in an undated letter received on 2 April 2018 rejecting the joint tender submitted by the Appellant for a follow-up study on trade union practices on non-discrimination and diversity in the workplace (call for tenders JUST/2017/RDIS/FW/EQUA/0042; OJ/S S215 – 09/11/2017 - 2017/S 215-446067); order the Commission to pay damages in the amount of EUR 1; alternatively, refer the case back to the General Court; and in any event order the Commission to pay the costs of the appeal proceedings and the proceedings before the General Court. Pleas in law and main arguments The appellant advances the following pleas in support of its appeal: First, manifest distortion of facts and errors of law in relation to the misuse of powers, as well as violation of the principles of equality of arms and the right to be heard. Second, infringement of the duty to state reasons and manifest errors of assessment. Third, misuse of powers by infringement of the principles of equal treatment, legal certainty, sound administration and good faith. Fourth, misuse of powers by infringement of the principle of transparency and protection of legitimate expectations regarding competition. ____________