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Case T-488/21: Action brought on 10 August 2021 — Tralux and Others v Parliament
ECLI:EU:UNKNOWN:62021TN0488
62021TN0488
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18.10.2021
Official Journal of the European Union
C 422/20
(Case T-488/21)
(2021/C 422/27)
Language of the case: French
Parties
Applicants: Tralux, Société Générale de travaux — Luxembourg Sàrl (Leudelange, Luxembourg), Eric Soldermann, René-Pierre Ortiz, Rodrigue Thiemann, Richard Lang, Marie Real, Olivier Lingelser, Architectes Associés, Aea Architectes (Mulhouse, France), Energie & Environnement — Ingénieurs Conseils (Niederanven, Luxembourg), Edeis (Ivry-sur-Seine, France) (represented by: G. Krieger, lawyer)
Defendant: European Parliament
Form of order sought
The applicant claims that the Court should:
—find the present action to be admissible;
—on the substance, find the action to be justified and well founded;
and accordingly,
—annul the decision of the European Parliament of 20 July 2021 to reject the applicants’ tender of 16 April 2021.
Pleas in law and main arguments
In support of the action against the decision to reject their offer filed in response to tender procedure No 06D10/2020/SI2KAD-01 for the design and construction of a ‘Europa Experience’ space and a conference centre in Luxembourg, the applicants rely on a single plea in law, alleging infringement of Article 51 of Regulation 2018/1046. (1) The applicants rely on several arguments in support of that plea. Firstly, they submit that they met the selection criteria and, in particular, the minimum staffing requirement. Secondly, the applicants argue that the tender specifications did not require the production of supporting documents, failing which the tender would be disregarded. Finally, they added that clarifications to the tender could have been submitted, at the request of the contracting authority, after the submission of their tender. In any event, according to the applicants, those clarifications were not such as to substantially alter the documents submitted.
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).