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Case T-281/22: Judgment of the General Court of 23 October 2024 – Xpand Consortium and Others v Commission (Public service contracts – Tendering procedure – Development, implementation, maintenance/operations, advice and consultancy services in accounting/finance and financial IT systems – Cancellation of the procurement procedure – Article 171 of Regulation (EU, Euratom) 2018/1046 – Obligation to state reasons)
ECLI:EU:UNKNOWN:62022TA0281
62022TA0281
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Official Journal of the European Union
C series
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C/2024/7313
16.12.2024
(Case T-281/22)
(Public service contracts - Tendering procedure - Development, implementation, maintenance/operations, advice and consultancy services in accounting/finance and financial IT systems - Cancellation of the procurement procedure - Article 171 of Regulation (EU, Euratom) 2018/1046 - Obligation to state reasons)
(C/2024/7313)
Language of the case: English
Parties
Applicants: Xpand Consortium (Brussels, Belgium), NTT Data Belgique (Brussels), Sopra Steria Benelux (Brussels), Fujitsu Technology Solutions (Brussels) (represented by: M. Troncoso Ferrer and L. Lence de Frutos, lawyers)
Defendant: European Commission (represented by: L. André and M. Ilkova, acting as Agents)
Intervener in support of the defendant: Arhs developments SA (Belvaux, Luxembourg) (represented by: P. Teerlinck, M.-R. Gherghinaru, L. Panepinto, Z. Irusta Ortega and M. Nuytten, lawyers)
Re:
By their action under Article 263 TFEU, the applicants seek the annulment of decision Ares(2022) 1579941 of the Commission of 3 March 2022 by which it cancelled the procurement procedure relating to call for tenders BUDG 19/PO/04, in so far as it concerns Lot No 2, in accordance with Article 171 of 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).
Operative part of the judgment
The Court:
1.Annuls decision Ares(2022) 1579941 of the Commission of 3 March 2022 by which it cancelled the procurement procedure relating to call for tenders BUDG 19/PO/04, in so far as it concerns Lot No 2;
2.Orders the European Commission to bear its own costs and to pay those incurred by Xpand Consortium, NTT Data Belgique, Sopra Steria Benelux and Fujitsu Technology Solutions, including the costs relating to the interim proceedings;
3.Orders Arhs developments SA to bear its own costs.
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(1) OJ C 294, 1.8.2022
ELI: http://data.europa.eu/eli/C/2024/7313/oj
ISSN 1977-091X (electronic edition)
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