29.1.2018

Official Journal of the European Union

C 32/43

(Case T-784/17)

(2018/C 032/57)

Language of the case: French

Parties

Applicant: Strabag Belgium (Antwerp, Belgium) (represented by: M. Schoups, K. Lemmens and M. Lahbib, lawyers)

Defendant: European Parliament

Form of order sought

—Declare this application for annulment admissible and well founded;

Consequently,

—Declare that (i) the decision of date unknown of the European Parliament not to accept the bid made by Strabag Belgium for the Framework contract for general contractor works in European Parliament buildings (Call for tenders No 06/D20/2017/M036) in Brussels, which decision was notified by letter of 24 November 2017, and (ii) the decision of date unknown of the European Parliament to award the Framework contract for general contractor works in European Parliament buildings in Brussels (Call for tenders No 06/D20/2017/M036) to five tenderers other than Strabag Belgium, and

—Uphold the request made by Strabag Belgium for the production of the following documents:

—documents from the procurement file in which contacts between the Parliament and the tenderers concerning abnormal prices were reported in accordance with Article 160(3) of Commission Delegated Regulation (EU) 2015/2462 of 30 October 2015 amending Delegated Regulation (EU) No 1268/2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union;

—from the decision awarding the contract to five other tenderers and not selecting the bid made by Strabag Belgium of date unknown;

—from the tender analysis report;

—Order the European Parliament to pay all the costs, including procedural compensation.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging infringement:

(i)of Article 110(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ 2012 L 298, p. 1) as amended by Regulation (EU, Euratom) 2015/1929 of the European Parliament and of the Council of 28 October 2015 (OJ 2015 L 286, p. 1), providing that the Commission is to be empowered to adopt delegated acts in accordance with Article 210 concerning details on the award criteria, including the most economically advantageous tender;

(ii)of Article 151 as amended by Commission Delegated Regulation (EU) 2015/2462 of 30 October 2015 amending Delegated Regulation (EU) No 1268/2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ 2015 L 342, p. 7), setting out the rules applicable to abnormally low tenders, and

(iii)of Article 102 of Regulation (EU, Euratom) No 966/2012, enshrining the principles of transparency, proportionality, equal treatment and non-discrimination in public contracts.