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Case T-338/23: Action brought on 19 June 2023 — Next Media Project v EFCA
ECLI:EU:UNKNOWN:62023TN0338
62023TN0338
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31.7.2023
EN
Official Journal of the European Union
C 271/36
(Case T-338/23)
(2023/C 271/50)
Language of the case: English
Parties
Applicant: Next Media Project, SLU (Barcelona, Spain) (represented by: R. Simar and L. Trefon, lawyers)
Defendant: European Fisheries Control Agency
Form of order sought
The applicant claims that the Court should:
—annul the decision of the European Fisheries Control Agency of 8 June 2023, by which it decided to reject Next Media Project’s offer;
—order the European Fisheries Control Agency to pay the costs.
Pleas in law and main arguments
In support of the action, the applicant alleges that the defendant failed to comply with points 12.2 and 29.3 of Annex 1 to Regulation 2018/1046, (1) with its tender specifications (Article 3.4.2. of the special specifications of tender EFCA/2022/OP/0004) and with its duties of diligence and meticulousness; it is further argued that the defendant committed a manifest error of assessment.
—The legal ground seeks to demonstrate that the opposite party was required to take into consideration the applicant’s offer, since that offer is not tainted by an irregularity, within the meaning of point 12.2 of Annex 1 to the said Regulation 2018/1046.
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).
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