CELEX: C2007/269/97
Language: en
Date: 2007-11-10 00:00:00
Title: Case T-333/07: Action brought on 7 September 2007 — Entrance Services v Parliament

10.11.2007   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 269/54
            
         Action brought on 7 September 2007 — Entrance Services v Parliament
   (Case T-333/07)
   (2007/C 269/97)
   Language of the case: French
   Parties
   
      Applicant: Entrance Services NV (Vilvoorde, Belgium) (represented by: A. Delvaux and V. Bertrand, lawyers)
   
      Defendant: European Parliament
   Form of order sought
   
               —
            
            
               Declare the action for annulment admissible;
            
         
               —
            
            
               Annul the decision by which the Parliament rejected the applicant's tender and granted the contract to another tenderer, a decision notified to the applicant on 14 August 2007;
            
         
               —
            
            
               Order the Parliament to pay the costs.
            
         Pleas in law and main arguments
   By this action the applicant seeks the annulment of the decision of the Parliament of 14 August 2007 rejecting its tender submitted in the framework of the tender procedure for the conclusion of a contract for repair and maintenance of automatic equipment, joinery and similar equipment in European Parliament buildings in Brussels [(contract for the provision of services 2007-2010) (call for tender No IFIN-BATIBRU-JLD-S0765-00)] (1).
   In support of its action the applicant claims, first, an infringement of Article 10 of the schedule of administrative clauses and of Article 93(1) of the Financial Regulation (2), in that the Parliament accepted a tender submitted by a tenderer which, according to the applicant, was excluded under Article 10 of the schedule of administrative clauses as a result of a finding by the Commission that it had participated in a cartel.
   Second, the applicant maintains that the Parliament infringed Articles 97 and 98 of the Financial Regulation and Article 137 of the Implementing Regulation (3) by requiring tenderers to establish their technical capacity to carry out the contract by means of evidence other than that referred to by those provisions.
   Third, the applicant relies on a plea alleging the infringement of Articles 97 and 98 of the Financial Regulation and of Article 135(5) of the Implementing Regulation, in that the Parliament required tenderers to demonstrate their economic and financial capacity to carry out the contract by means of evidence not provided for in those provisions, and in that it rejected the applicant's tender on the ground that it had failed to provide the evidence required.
   Finally, the applicant submits that the contested decision should be annulled because it infringes the equality principle laid down in Article 89(1) of the Financial Regulation, in that the Parliament rejected its tender and awarded the contract to another tenderer even though it was in the same situation as the applicant with regard to the non-production of the certifications required by Article 11 of the schedule of administrative clauses.
   
      (1)  Contract notice published in OJ 2006/S 148-159062.
   
      (2)  Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ 2002 L 248, p. 1).
   
      (3)  Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, as amended (OJ 2002 L 357, p. 1).