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Case T-717/20: Judgment of the General Court of 19 October 2022 — Lenovo Global Technology Belgium v Joint Undertaking EuroHPC (Public procurement — Tendering procedure — Acquisition, delivery, installation and maintenance of the Leonardo Supercomputer for the hosting entity Cineca — Rejection of a tenderer’s bid — Equal treatment — Principle of sound administration — Manifest error of assessment)
ECLI:EU:UNKNOWN:62020TA0717
62020TA0717
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Official Journal of the European Union
C 482/17
(Case T-717/20) (<span class="oj-super oj-note-tag">1</span>)
(Public procurement - Tendering procedure - Acquisition, delivery, installation and maintenance of the Leonardo Supercomputer for the hosting entity Cineca - Rejection of a tenderer’s bid - Equal treatment - Principle of sound administration - Manifest error of assessment)
(2022/C 482/25)
Language of the case: English
Parties
Applicant: Lenovo Global Technology Belgium BV (Machelen, Belgium) (represented by S. Sakellariou, G. Forwood and F. Abou Zeid, lawyers)
Defendant: European High-Performance Computing Joint Undertaking (represented by P.-E. Partsch and F. Dewald, lawyers)
Intervener in support of the defendant: European Commission (represented by L. André, M. Ilkova, P.-J. Loewenthal, C. Vollrath and T. Van Noyen, acting as Agents)
Re:
By its action based on Article 263 TFEU, the applicant seeks annulment of the decision Ares(2020)5103538 of the European High-Performance Computing Joint Undertaking (EuroHPC) of 29 September 2020 rejecting the tender submitted by the applicant concerning the third lot in call for tenders SMART 2019/1084 relating to the acquisition, delivery, installation and maintenance of the Leonardo Supercomputer for the hosting entity Cineca and awarding the contract to another tenderer.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Lenovo Global Technology Belgium BV to bear its own costs and to pay those incurred by the European High-Performance Computing Joint Undertaking (EuroHPC);
3.Orders the European Commission to bear its own costs.
(<span class="oj-super">1</span>) OJ C 53, 15.2.2021.