CELEX: 62012TN0219
Language: en
Date: 2012-05-28 00:00:00
Title: Case T-219/12: Action brought on 28 May 2012 — Saobraćajni institut CIP v Commission

28.7.2012   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 227/24
            
         Action brought on 28 May 2012 — Saobraćajni institut CIP v Commission
   (Case T-219/12)
   2012/C 227/40
   Language of the case: English
   
      Parties
   
   
      Applicant: Saobraćajni institut CIP d.o.o. (Belgrade, Serbia) (represented by: A. Lojpur, lawyer)
   
      Defendant: European Commission
   
      Form of order sought
   
   
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               Annul a call for tender published on 27 March 2012, concerning preparation of technical documentation for the rail modernization project ‘Doubling and upgrading of existing railway corridor Xb, section Novi Sad (excluding the junction)–Subotica–Hungarian border’ in accordance with EU interoperability standards, AGC, AGTC and the SEECP Agreement (OJ 2012/S 60-096517), excluding the applicant from participating in it;
            
         
               —
            
            
               Award damages for the alleged pecuniary loss;
            
         
               —
            
            
               Order the defendant to pay the costs of the proceedings.
            
         
      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 there was no legal ground for a priori exclusion of the applicant in participating in a call for tender in question since there was no conflict of interest;
                        
                     
         
               2.
            
            
               Second plea in law, alleging
               
                           —
                        
                        
                           that the applicant’s exclusion from tender is contrary to IPA Regulation (1);
                        
                     
         
               3.
            
            
               Third plea in law, alleging
               
                           —
                        
                        
                           that the conditions for awarding the contract were unlawful.
                        
                     
         
      (1)  Council Regulation (EC) No 1085/2006 of 17.7.2006 establishing an Instrument for Pre-Accession Assistance (IPA) (OJ L 210, p. 82)