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Case T-288/11: Judgment of the General Court of 6 May 2013 — Kieffer Omnitec v Commission (Public service contracts — Procurement procedure — Maintenance of the HVAC, sprinkler and water and sanitary installations in the Joseph-Bech building in Luxembourg — Rejection of a tenderer’s bid — Equal treatment — Transparency — Proportionality — Manifest error of assessment — Duty to state reasons)

ECLI:EU:UNKNOWN:62011TA0288

62011TA0288

May 6, 2013
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15.6.2013

Official Journal of the European Union

C 171/26

(Case T-288/11)(1)

(Public service contracts - Procurement procedure - Maintenance of the HVAC, sprinkler and water and sanitary installations in the Joseph-Bech building in Luxembourg - Rejection of a tenderer’s bid - Equal treatment - Transparency - Proportionality - Manifest error of assessment - Duty to state reasons)

2013/C 171/50

Language of the case: French

Parties

Applicant: A+P Kieffer Omnitec Sàrl (Luxembourg, Luxembourg) (represented by: A. Delvaux, V. Bertrand and M. Devos, lawyers)

Defendant: Commission (represented by: A.-M. Rouchaud-Joët and S. Delaude, acting as Agents, and V. Vanden Acker, lawyer)

Re:

Annulment of the Commission’s decision of 1 April 2001 rejecting the tender submitted by the applicant in the procurement procedure relating to the conclusion of a contract for maintenance of HVAC, sprinkler and water and sanitary installations at the Joseph-Bech Building in Luxembourg and awarding the contract to another tenderer (OJ 2010/S 241 367523)

Operative part of the judgment

The Court:

1.Dismisses the action;

2.Orders A+P Kieffer Omnitec Sàrl to pay the costs.

(1)

OJ C 252, 27.8.2011.

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