19.1.2015

Official Journal of the European Union

C 16/42

(Case T-733/14)

(2015/C 016/66)

Language of the case: Greek

Parties

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

Defendant: European Parliament

Form of order sought

The applicants claim that the General Court should:

—annul the contested decision of the Parliament D(2014)38802 dated 18 September 2014, whereby the Parliament rejected the applicants’ tender for Lot 3 in the open procurement procedure 2014/S 066-111912 titled ‘PE/ITEC-ITS14 — External provision of IT services’; and

—order the European Parliament to pay all the applicants’ costs.

Pleas in law and main arguments in support of annulment

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 ground of the Parliament’s breach of the obligation to state reasons, since the Parliament provided an inadequate statement of reasons with regard to the applicants’ technical offer, with which they participated in the procurement procedure at issue.

The applicants claim that the reasons stated for the ranking which was given to their technical offer and to that of the other tenderers for Lot 3 of the procurement procedure at issue, with regard to each defined award criterion, did not enable them to understand either the reasons for the ranking which their tender achieved nor the characteristics and advantages of the tenders submitted by other tenderers. The applicants claim that, if an adequate statement of reasons for the ranking of their technical offer were available to them, they would be better able to state their defence.

The applicants also submit that the Parliament infringed the contractual documents (the tender specifications and supplementary guidelines), which the Parliament had itself drawn up, in relation to the method for the evaluation of the financial offers submitted by the tenderers, and which were binding on it. In so acting, the Parliament infringed both the Financial Regulation and the rules for its application, under which the contracting authority is to conduct a procurement procedure in accordance with the contractual documents and with due regard to the general principles of EU law.