10.8.2015

Official Journal of the European Union

C 262/28

(Case T-181/15)

(2015/C 262/38)

Language of the case: English

Parties

Applicant: Sopra Steria Group SA (Annecy-le-Vieux, France) (represented by: A. Verlinden, R. Martens and J. Joossen, lawyers)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:

—annul the decision of the European Parliament of unknown date to launch the negotiated procedure without publication of a contract notice for NPE-15.8;

—annul any decision that the European Parliament may have taken with regard to the further course of this negotiated procedure without publication notice NPE-15.8;

—declare that the contract(s) that are possibly closed based on the negotiated procedure without publication of a contract notice for NPE-15.8, is (are) null and void;

—order that the European Parliament has to bear the costs of the proceedings, including the expenses for legal counsel incurred by the applicant.

Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law, alleging a violation of Article 102 of the Financial Regulation, of Article 103 of the Financial Regulation, of Article 104.2 of the Financial Regulation and of Article 134.1 (c) of the Rules of Application, thus invalidating the Decision of unknown date, to launch the negotiated procedure without prior publication of a contract notice.

According to the applicants, the European Parliament wrongfully and illegally used the negotiated procedure without prior publication of a contract notice, whereby it should have been stated that this procedure was an exceptional procedure of which the use had to be legally justified (also given the obligation of the European Parliament to ensure that all public procurement contracts are be put out to tender on the broadest possible basis, cfr. article 102.2 of the Financial Regulation). Such justification, so the applicants claim, was not given by the European Parliament, nor were there any reasons of extreme urgency brought about by unforeseeable events not attributable to the European Parliament present (as required for the application of article 134.1 (c) of the Rules of Application).