Official Journal of the European Union

EN

C series

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C/2025/2413

28.4.2025

(Case T-173/25)

(C/2025/2413)

Language of the case: English

Parties

Applicant: BT Global Services Belgium (Machelen, Belgium) (represented by: V. Dor, A. Lepièce and M. Vilain XIIII, lawyers)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

—annul the European Commission’s decision, as published in the Official Journal of the European Union on 16 December 2024, (<span class="oj-super oj-note-tag">1</span>) to award the contract with reference number DIGIT/2023/NP/0017 Trans-European Services for Telematics between Administrations – New Generation (TESTA-ng III), through a negotiated procedure without prior publication;

—grant any other relief that the Court considers appropriate in the circumstances; and

—in any event, order the Commission to pay the applicant’s legal costs and other fees and expenses incurred in connection with this application.

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 Commission erred in law, in that the conditions to use a negotiated procedure without a prior notice, according to Article 164(5)(f) of the Financial Regulation (<span class="oj-super oj-note-tag">2</span>) and Point 11.1(c) of Annex I to the Financial Regulation, were not met, since the direct award was not strictly necessary for reasons of extreme urgency brought about by unforeseeable events which were not attributable to the contracting authority.

2.Second plea in law, alleging that the Commission erred in law, in that the direct award of the contested contract aims at artificially narrowing competition in violation of the essential principles of fair competition, equal treatment and transparency.

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(1) OJ S 244/2024.

(2) 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 L 193, 30.7.2018, p. 1). (Editorial note: this is the version of the Financial Regulation on which the applicant relies.)

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ELI: http://data.europa.eu/eli/C/2025/2413/oj

ISSN 1977-091X (electronic edition)

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