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Case T-658/24: Action brought on 18 December 2024 – Warbud v Frontex
ECLI:EU:UNKNOWN:62024TN0658
62024TN0658
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Official Journal of the European Union
EN
C series
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C/2025/1436
10.3.2025
(Case T-658/24)
(C/2025/1436)
Language of the case: English
Parties
Applicant: Warbud S.A. (Warsaw, Poland) (represented by: K. Kuźma, M. Gajdek, W. Hartung and D. Sarmiento Ramírez-Escudero, lawyers)
Defendant: European Border and Coast Guard Agency
Form of order sought
The applicant claims that the Court should:
—declare Frontex’s decision, notified to the applicant on 23 October 2024, not to award the contract to the applicant in the award procedure FRONTEX/CD/1217/2021/RS – FRONTEX Permanent Premises, and award it to another tenderer, void pursuant to Article 264 TFEU;
—order the defendant to bear the applicant’s costs.
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
1.First plea in law, alleging that the contested decision breaches Article 296 TFEU, inasmuch Frontex infringed its duty to state the reasons that justify that the successful tenderer’s proposal was not considered abnormally low and that the applicant’s tender was not considered successful.
2.Second plea in law, alleging that the contested decision breaches Paragraph 23.1 of Annex I of Regulation 2018/1046 (1) of the European Parliament and of the Council of 18 July 2018, on the financial rules applicable to the general budget of the Union, inasmuch Frontex failed to review the successful tenderer’s offer to determine it as abnormally low.
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).
ELI: http://data.europa.eu/eli/C/2025/1436/oj
ISSN 1977-091X (electronic edition)
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