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(Case T-835/16)(Action for annulment and compensation - Public goods and services contracts - Procurement procedure - Supply of curtains, draperies and interior blinds and fitting, cleaning and maintenance services - Rejection of a tenderer’s bid - Annulment of the procedure - No need to adjudicate - Action manifestly devoid of any foundation in law)
(2017/C 357/16)
Language of the case: French
Applicant: Louvers Belgium Co. (Zaventem, Belgium) (represented by: V. Lejeune, lawyer)
Defendant: European Commission (represented by: O. Verheecke and A. Katsimerou, acting as Agents)
Firstly, application on the basis of Article 263 TFEU seeking the annulment of the decision of the Commission of 19 September 2016 not to award contract No OIB.02/PO/2016/012/703 to the applicant and, secondly, application based on Article 268 TFEU seeking damages in compensation for the loss allegedly suffered by the applicant due to the unlawful conduct of the Commission in that procurement procedure.
1.There is no longer any need to adjudicate on the application for annulment of the decision of the Commission of 19 September 2016 not to award contract No OIB.02/PO/2016/012/703 to Louvers Belgium Co. or on the application for damages insofar as it concerns the alleged loss of earnings resulting of the non-award of the contract.
2.The application for damages is rejected as manifestly devoid of any foundation in law insofar as it concerns the costs and expenses of Louvers Belgium Co. involved in the participation of Louvers Belgium Co. in procurement procedure OIB.02/PO/2016/012/703.
3.The European Commission shall pay the costs.
(1) OJ C 30, 30.1.2017.