CELEX: 62015TN0292
Language: en
Date: 2015-06-03 00:00:00
Title: Case T-292/15: Action brought on 3 June 2015 — Vakakis v Commission

7.9.2015   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 294/73
            
         Action brought on 3 June 2015 — Vakakis v Commission
   (Case T-292/15)
   (2015/C 294/88)
   Language of the case: English
   
      Parties
   
   
      Applicant: Vakakis International — Symvouloi gia Agrotiki Anaptixi AE (Athens, Greece) (represented by: B. O’Connor, Solicitor, S. Gubel and E. Bertolotto, lawyers)
   
      Defendant: European Commission
   
      Form of order sought
   
   The applicant claims that the Court should:
   
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               hold the Commission liable under Article 340 TFUE to compensate all damages incurred by the applicant due to the unlawful conduct of the Commission during the public procurement procedure in question, including the:
               
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                           costs and expenses of the participation to the overall tender exercise;
                        
                     
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                           costs of the challenge of the legality of the tender exercise;
                        
                     
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                           loss of profit;
                        
                     
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                           loss of opportunities.
                        
                     
         
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               order the Commission to pay the costs of the present action.
            
         
      Pleas in law and main arguments
   
   In support of the action, the applicant relies on three pleas in law.
   
               1.
            
            
               First plea in law, alleging that the Commission breached the principles of equal treatment, sound administration and legitimate expectations as codified by Council Regulation No 1605/2002 (‘the Financial Regulation’) and the Practical Guide to contract procedures for EU external actions (‘PRAG’) by failing to adequately supervise the tender procedure and promptly investigate and provide full and complete information on the investigation of the complaint lodged by Vakakis;
            
         
               2.
            
            
               Second plea in law, alleging that the applicant has been damaged as a result of the Commission maladministration and the decision to award the contract to Agriconsulting.
            
         
               3.
            
            
               Third plea in law, alleging that the applicant has suffered damages as a result of the Commission maladministration and the breach of the Union general principles of equal treatment, sound administration and the protection of legitimate expectations as well as the infringement of Article 94 of the Financial Regulation and Section 2.3.6. of the PRAG.