26.1.2015

EN

Official Journal of the European Union

C 26/38

(Case T-764/14)

(2015/C 026/49)

Language of the case: Greek

Parties

Applicants: European Dynamics Luxembourg SA (Luxembourg, Luxembourg) and Evropaïki Dinamiki — Proigmena Sistimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: M. Sfiri and I Ambazis, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the General Court should:

—annul the European Commission decision Ares(2014) 2903214 of 5 September 2014 whereby the Commission rejected the applicants’ tender within the framework of the EuropeAid/135040/C/SER/MULTI closed procurement procedure;·

—as appropriate, order the restoration of the status quo ante;

—order the Commission to pay all the applicants’ costs.

Pleas in law and main arguments

In support of the action the applicants rely on the following:

In the opinion of the applicants, the contested decision should be annulled, under Article 263 TFEU, on the following grounds:

First, because the experience of the participants was evaluated at the stage of the award procedure, although that experience had already been examined at the pre-selection stage.

Second, because the Commission infringed the obligation to state reasons for the decision by giving insufficient reasons for the ranking of the applicants’ technical offer and failing to communicate the full composition of the winning consortium and the essential elements of the financial offer.

Third, because the Commission committed a series of manifest errors of assessment in the evaluation of the applicants’ technical offer, infringing at the same time the principle of equal treatment of participants.

Fourth, because the Commission infringed the Financial Regulation and the principle of transparency which that imposes.