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Case T-173/22: Action brought on 30 March 2022 — T-Systems International v Commission
ECLI:EU:UNKNOWN:62022TN0173
62022TN0173
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Official Journal of the European Union
C 237/56
(Case T-173/22)
(2022/C 237/73)
Language of the case: English
Parties
Applicant: T-Systems International GmbH (Frankfurt am Main, Germany) (represented by: E. van Nuffel d’Heynsbroeck, D. Bogaert and T. Payan, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
—annul the decision to award the contract within the Tender Procedure DIGIT/A3/PR/2019/010 for the provision of services in relation with Trans-European Services for Telematics between Administrations (TESTA), of which the results were notified on 21 January 2022;
—order the European Commission to bear all the costs.
Pleas in law and main arguments
In support of the action, the applicant relies on three pleas in law.
1.First plea in law, alleging the violation of Article 168(6) of the Financial Regulation (1) and the illegality of all offers submitted within the procedure as the requirements set out in the Tender Specifications make excessively difficult or impossible the implementation of the service, and therefore the submission of a regular offer.
2.Second plea in law, alleging that the defendant modified the mandatory requirements set out in the Technical Specifications in violation of the essential conditions of the procedure when assessing the bids of other tenderers.
3.Third plea in law, alleging that a high risk of substantial modification of the contract exists, as the Commission awarded the contract on technical terms which it could not have been unaware would be rapidly obsolete, if not already obsolete at the time of its tender, in violation of Article 170 of the Financial Regulation.
* Language of the case: English.
Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012 (OJ 2018 L 193, p. 1).