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Case T-661/18: Judgment of the General Court of 8 July 2020 — Securitec v Commission (Public service contracts — Tendering procedure — Maintenance of security installations in buildings occupied and/or managed by the European Commission in Belgium and Luxembourg — Rejection of a tenderer’s offer — Award of the contract to another tenderer — Selection criteria — Illegality of a clause in the tender specifications — Equal treatment)
ECLI:EU:UNKNOWN:62018TA0661
62018TA0661
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12.10.2020
Official Journal of the European Union
C 339/12
(Case T-661/18) (<span class="oj-super oj-note-tag">1</span>)
(Public service contracts - Tendering procedure - Maintenance of security installations in buildings occupied and/or managed by the European Commission in Belgium and Luxembourg - Rejection of a tenderer’s offer - Award of the contract to another tenderer - Selection criteria - Illegality of a clause in the tender specifications - Equal treatment)
(2020/C 339/14)
Language of the case: French
Parties
Applicant: Securitec (Livange, Luxembourg) (represented by: P. Peuvrel, lawyer)
Defendant: European Commission (represented by: M. Ilkova, A Katsimerou and J. Estrada de Solà, acting as Agents)
Re:
Application under Article 263 TFEU seeking annulment, first, of the Commission’s decision of 7 September 2018 to reject the tender submitted by the applicant for lot No. 4 of the contract which was the subject of the restricted tender procedure HR/R1/PR/2017/059 and relating to the ‘maintenance of security installations in buildings occupied and/or managed by the European Commission in Belgium and Luxembourg’, and second, of the Commission’s decision of 17 September 2018 to refuse to provide the applicant with the clarifications that it had requested in the context of that procedure on 11 September 2018
Operative part of the judgment
The Court:
1.Annuls the decision of the European Commission of 7 September 2018 to reject the tender submitted by Securitec for lot no. 4 of the contract that was the subject of restricted tender procedure HR/R1/PR/2017/059 relating to the ‘maintenance of security installations in buildings occupied and/or managed by the European Commission in Belgium and Luxembourg’ and the decision of the Commission of 17 September 2018 to refuse to provide Securitec with the clarifications that it had requested in the context of that procedure on 11 September 2018;
2.Dismisses the action as to the remainder;
3.Orders the Commission to pay the costs.
(<span class="oj-super">1</span>) OJ C 25, 21.1.2019.