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Case T-652/14: Judgment of the General Court of 28 June 2016 — AF Steelcase v EUIPO (Public service contracts — Tender procedure — Supply and installation of furniture and accessories at EUIPO’s head offices — Rejection of a tenderer’s tender — Action for annulment — Award decision — No direct concern — Inadmissibility — Obligation to state reasons — Principle of sound administration — Proportionality — System for excluding tenders — Non-contractual liability — Material damage — Non-material damage)

ECLI:EU:UNKNOWN:62014TA0652

62014TA0652

June 28, 2016
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Official Journal of the European Union

C 287/19

(Case T-652/14) (<span class="super">1</span>)

((Public service contracts - Tender procedure - Supply and installation of furniture and accessories at EUIPO’s head offices - Rejection of a tenderer’s tender - Action for annulment - Award decision - No direct concern - Inadmissibility - Obligation to state reasons - Principle of sound administration - Proportionality - System for excluding tenders - Non-contractual liability - Material damage - Non-material damage))

(2016/C 287/23)

Language of the case: Spanish

Parties

Applicant: AF Steelcase SA (Madrid, Spain) (represented by: Rodríguez Bajón and A. Gómez-Acebo Dennes, lawyers)

Defendant: European Union Intellectual Property Office (represented by: initially, N. Bambara and M. Paolacci, and subsequently N. Bambara and J. Crespo Carrillo, Agents)

Re:

First, application under Article 263 TFEU for the annulment of EUIPO’s decision of 8 July 2014 rejecting the tender submitted by the applicant in the context of a call for tenders concerning the supply and installation of furniture and accessories at EUIPO’s head offices (OJ 2014/S 023-035020) and the decisions related to the decision rejecting the applicant’s tender, including, if necessary, the award decision, and an application for the tender procedure to be resumed at the stage before the decision of 8 July 2014 and, secondly, application under Article 268 TFEU for compensation for the damage allegedly sustained by the applicant.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders AF Steelcase SA to pay the costs.

(<span class="super">1</span>) OJ C 380, 27.10.2014.

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