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Case T-621/20: Judgment of the General Court of 8 June 2022 — EMCS v EUAA (Public service contracts — Tender procedure — Provision of temporary agency workers for EASO — Rejection of a tenderer’s bid — Award of the contract to another tenderer — Equal treatment — Principle of transparency — Manifest error of assessment — Obligation to state reasons)

ECLI:EU:UNKNOWN:62020TA0621

62020TA0621

June 8, 2022
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Official Journal of the European Union

C 294/25

(Case T-621/20) (<span class="oj-super oj-note-tag">1</span>)

(Public service contracts - Tender procedure - Provision of temporary agency workers for EASO - Rejection of a tenderer’s bid - Award of the contract to another tenderer - Equal treatment - Principle of transparency - Manifest error of assessment - Obligation to state reasons)

(2022/C 294/36)

Language of the case: English

Parties

Applicant: EMCS ltd. (Msida, Malta) (represented by: P. Kuypers and N. Groot, lawyers)

Defendant: European Union Agency for Asylum (EUAA) (represented by: P. Eyckmans and J. van Heel, acting as Agents, and by V. Ost and M. Umbach, lawyers)

Re:

Application, first, under Article 263 TFEU, for annulment of the decision of the European Asylum Support Office (EASO) of 23 July 2020, entitled ‘Call for tenders EASO/2020/789 Provision of Temporary Agency Workers for EASO in Malta’, rejecting the bid submitted by the applicant in the call for tenders and awarding the contract to another tenderer and, second, under Article 268 TFEU, for compensation of the damage allegedly suffered by the applicant on account of that decision.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders EMCS ltd. to pay the costs.

(<span class="oj-super">1</span>) OJ C 443, 21.12.2020.

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