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Case T-46/22: Judgment of the General Court of 14 December 2022 — Esedra v Parliament (Public service contracts — Tender procedure — Full management of the Parliament’s early childhood centre in Brussels — Rejection of a tenderer’s tender — Abnormally low tender — Compliance of a tender with the conditions laid down in the specifications — Obligation to state reasons — Manifest errors of assessment)

ECLI:EU:UNKNOWN:62022TA0046

62022TA0046

December 14, 2022
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Official Journal of the European Union

C 63/44

(Case T-46/22) (<span class="oj-super oj-note-tag">1</span>)

(Public service contracts - Tender procedure - Full management of the Parliament’s early childhood centre in Brussels - Rejection of a tenderer’s tender - Abnormally low tender - Compliance of a tender with the conditions laid down in the specifications - Obligation to state reasons - Manifest errors of assessment)

(2023/C 63/56)

Language of the case: French

Parties

Applicant: Esedra (Brussels, Belgium) (represented by: M. Vastmans, lawyer)

Defendant: European Parliament (represented by: M. Pencheva and M. Kazek, acting as Agents)

Re:

By its action, the applicant seeks, first, on the basis of Article 263 TFEU, annulment of the decision of the European Parliament of 26 November 2021, entitled ‘Procédure de passation de marché PE PERS 2021 027 — Gestion complète de la structure d’accueil petite enfance du Parlement européen à Bruxelles, sise rue Wayenberg’(Procurement procedure PE PERS 2021 027 — Full management of the European Parliament’s early childhood centre in Brussels, located on Rue Wayenberg), rejecting the tender submitted by it in the context of the call for tenders and awarding the contract to another tenderer, and, second, on the basis of Article 268 TFEU, compensation for the damage which it has suffered as a result of that decision.

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders Esedra to bear its own costs and to pay the costs incurred by the European Parliament, including those relating to the proceedings for interim relief.

(<span class="oj-super">1</span>) OJ C 109, 7.3.2022.

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