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Case T-613/15: Action brought on 30 October 2015 — European Dynamics Luxembourg and Others v European Agency for the Management of Operational Cooperation at the External Borders (Frontex)
ECLI:EU:UNKNOWN:62015TN0613
62015TN0613
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Valentina R., lawyer
11.1.2016
Official Journal of the European Union
C 7/31
(Case T-613/15)
(2016/C 007/42)
Language of the case: Greek
Parties
Applicants: European Dynamics Luxembourg SA (Luxembourg, Luxembourg), Evropaiki Dinamiki — Proigmena Sistimata Tilepikinonion Pliroforikis kai Tilematikis AE (Athens, Greece), European Dynamics Belgium SA (Brussels, Belgium) (represented by: M. Sfiri, lawyer)
Defendant: European Agency for the Management of Operational Cooperation at the External Borders (Frontex)
Form of order sought
The applicants claim that the General Court should:
—annul Contract Notice No 2015/S 162-295659 of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, which was published in the Supplement to the Official Journal of the European Union, S 162 of 22 August 2015;
—order Frontex to compensate the applicants for the harm suffered by them in respect of the opportunity which they lost to enter into the contract announced, harm which they assess ex aequo et bono at EUR 85 000, with interest from the date of delivery of the judgment or whatever other amount the Court decides;
—order the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union to pay all the costs of the applicants.
Pleas in law and main arguments
In support of the action, the applicants submit that the contested notice must be annulled under Article 263 TFEU because it is contrary to the principle of proportionality and of non-discrimination which governs public procurement and infringes Article 102(1) of Regulation No 966/2012 (the Financial Regulation) (1) and Articles 146(1) and 147 of Delegated Regulation No 1268/2012. (2)
Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ 2012 L 298, p. 1).
Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ 2012 L 362, p. 1).