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Case T-38/21: Judgment of the General Court of 21 February 2024 — Inivos and Inivos v Commission (Public procurement — Negotiated procedure without prior publication of a contract notice — Supply of disinfection robots to European hospitals — Extreme urgency — COVID-19 — Non-participation of the applicants in the tendering procedure — Action for annulment — Lack of individual concern — Contractual nature of the dispute — Inadmissibility — Liability)

ECLI:EU:UNKNOWN:62021TA0038

62021TA0038

February 21, 2024
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Official Journal of the European Union

C series

C/2024/2426

(Case T-38/21) (<span class="oj-super oj-note-tag">1</span>)

(Public procurement - Negotiated procedure without prior publication of a contract notice - Supply of disinfection robots to European hospitals - Extreme urgency - COVID-19 - Non-participation of the applicants in the tendering procedure - Action for annulment - Lack of individual concern - Contractual nature of the dispute - Inadmissibility - Liability)

(C/2024/2426)

Language of the case: English

Parties

Applicants: Inivos Ltd (London, United Kingdom), Inivos BV (Rotterdam, Netherlands) (represented by: R. Martens, L. Hoet and A. Van Laer, lawyers)

Defendant: European Commission (represented by: L. André and M. Ilkova, acting as Agents)

Re:

By their action, the applicants seek first, on the basis of Article 263 TFEU, annulment of the decision of the European Commission of 18 September 2020 to use a negotiated procedure without prior publication of a contract notice for the acquisition of disinfection robots (‘the decision to use the negotiated procedure without prior publication of a contract notice’), of the decision of 3 November 2020 to award that contract (‘the contested award decision’) and of the decision of 19 November 2020 to conclude the framework contracts with two operators, and a declaration that those framework contracts are null and void and, secondly, on the basis of Article 268 TFEU, compensation for the damage which they claim to have suffered as a result.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Inivos Ltd and Inivos BV to pay the costs, including those relating to the interim proceedings.

(<span class="oj-super">1</span>) OJ C 98, 22.3.2021.

ELI: http://data.europa.eu/eli/C/2024/2426/oj

ISSN 1977-091X (electronic edition)

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