(Case T-299/18)

Language of the case: French

Parties

Applicant: Strabag Belgium (Antwerp, Belgium) (represented by: M. Schoups, K. Lemmens and M. Lahbib, lawyers)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:

—declare the present application for annulment admissible and well founded;

—consequently, annul (i) the decision of 19 April 2018 confirming the decision of the European Parliament of 24 November 2017 to award the framework contract for general contractor works in the European Parliament buildings in Brussels (Call for tenders No 06/D20/2017/M036) to five tenderers other than Strabag Belgium SA and not to the latter undertaking, and (ii) the tender analysis report (addendum) drafted on 26 March 2018 by the evaluation committee appointed by the responsible authorising officer;

—order the European Parliament to pay all of the costs, including procedural compensation.

Pleas in law and main arguments

In support of the action, the applicant relies on a single plea in law, alleging infringement:

(i)of Article 110(5) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ 2012 L 298, p. 1) as amended by Regulation (EU, Euratom) 2015/1929 of the European Parliament and of the Council of 28 October 2015 (OJ 2015 L 286, p. 1), providing that the Commission is to be empowered to adopt delegated acts in accordance with Article 210 concerning details on the award criteria, including the most economically advantageous tender;

(ii)of Article 151 [of Delegated Regulation (EU) No 1268/2012], as amended by Commission Delegated Regulation (EU) 2015/2462 of 30 October 2015 amending Delegated Regulation (EU) No 1268/2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ 2015 L 342, p. 7), setting out the rules applicable to abnormally low tenders; and

(iii)of Article 102 of Regulation (EU, Euratom) No 966/2012, enshrining the principles of transparency, proportionality, equal treatment and non-discrimination in public contracts.

The applicant takes the view that those rules were infringed in so far as the contested decision:

(i)indicates that no element provided either in the tenders submitted or in the additional explanations subsequently requested makes it possible to state that the tender of one of the companies awarded the contract was abnormally low in the light of the applicable rules; and

(ii)regards the abovementioned tender as the lowest compliant tender without adequate reasoning, whereas that tender was evidently not the lowest compliant tender, contained abnormally low prices and ought to have been declared improper and rejected following a more specific and thorough examination conducted by the European Parliament.