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Case T-1/23: Judgment of the General Court of 6 September 2023 — Enmacc v Commission (Public supply contracts — Procurement procedure — Organisation of demand aggregation and tendering of gas under the EU Energy Platform — Negotiated procedure without prior publication of a contract notice — Refusal of a request to participate in the procedure — Obligation to state reasons — Article 164(5)(f) of, and point 11.1(c) of Annex I to, Regulation (EU, Euratom) 2018/1046 — Transparency — Equal treatment)
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Official Journal of the European Union
Series C
C/2023/334
30.10.2023
(Case T-1/23) (<span class="oj-super oj-note-tag">1</span>)
(Public supply contracts - Procurement procedure - Organisation of demand aggregation and tendering of gas under the EU Energy Platform - Negotiated procedure without prior publication of a contract notice - Refusal of a request to participate in the procedure - Obligation to state reasons - Article 164(5)(f) of, and point 11.1(c) of Annex I to, Regulation (EU, Euratom) 2018/1046 - Transparency - Equal treatment)
(C/2023/334)
Language of the case: English
Parties
Applicant: Enmacc GmbH (Munich, Germany) (represented by: A. von Bonin, A. Pliego Selie and T. van Helfteren, lawyers)
Defendant: European Commission (represented by: T. Scharf, J. Estrada de Solà, G. Gattinara and S. Romoli, acting as Agents)
Re:
By its action based on Article 263 TFEU, the applicant seeks annulment of the decision of the European Commission of 12 December 2022 by which the Commission (i) launched the call for tenders ENER/2022/NP/0041 ‘Service for the organisation of demand aggregation and tendering of gas under the EU Energy Platform’ by way of a negotiated procedure without prior publication of a contract notice, (ii) did not invite the applicant to participate in that procedure, and (iii) expressly refused the applicant’s request to be invited to participate in that procedure.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Enmacc GmbH to pay the costs, including those relating to the proceedings for interim relief.
Language of the case: English.
ELI: http://data.europa.eu/eli/C/2023/334/oj
ISSN 1977-091X (electronic edition)