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Case T-163/20: Order of the General Court of 29 October 2020 — Isopix v Parliament (Action for annulment and for compensation — Public supply contracts — Tender procedure — Provision of photography services — Rejection of a tenderer’s bid and award of the contract to another tenderer — Cancellation of the procurement procedure — Action which has become, in part, devoid of purpose — No need, in part, to adjudicate — Order — Appeal in part brought before a court manifestly lacking in jurisdiction to hear it)
ECLI:EU:UNKNOWN:62020TB0163(01)
62020TB0163(01)
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18.1.2021
Official Journal of the European Union
C 19/50
(Case T-163/20) (<span class="oj-super oj-note-tag">1</span>)
(Action for annulment and for compensation - Public supply contracts - Tender procedure - Provision of photography services - Rejection of a tenderer’s bid and award of the contract to another tenderer - Cancellation of the procurement procedure - Action which has become, in part, devoid of purpose - No need, in part, to adjudicate - Order - Appeal in part brought before a court manifestly lacking in jurisdiction to hear it)
(2021/C 19/54)
Language of the case: French
Parties
Applicant: Isopix SA (Ixelles, Belgium) (represented by: P. Van den Bulck and J. Fahner, lawyers)
Defendant: European Parliament (represented by: K. Wójcik and E. Taneva, acting as Agents)
Re:
First, application based on Article 263 TFEU for annulment of the Parliament’s decision of 24 March 2020 rejecting the tender submitted by the applicant in the context of the call for tenders COMM/DG/AWD/2019/854, entitled ‘Provision of Photography Services — Photographic Coverage of the Current Affairs and Institutional Activities of the European Parliament’, and informing the applicant that the contract had been awarded to another tenderer, and of the letter of the Parliament of 17 April 2020 informing the applicant of the rejection of its tender submitted in the context of the call for tenders COMM/DG/AWD/2019/854 on the grounds that it did not meet the selection criteria relating to financial and economic standing and, secondly, application based, primarily, on Article 266 TFEU seeking an order that the Parliament re-examine the tenders and, in the alternative, on Article 268 TFEU, seeking compensation in respect of the harm allegedly suffered by the applicant.
Operative part of the order
1.There is no longer any need to adjudicate on the action in so far as it seeks the annulment of the European Parliament’s decision of 24 March 2020 rejecting the tender submitted by Isopix SA in the context of the call for tenders COMM/DG/AWD/2019/854, entitled ‘Provision of Photography Services — Photographic Coverage of the Current Affairs and Institutional Activities of the European Parliament’, and informing it that the contract had been awarded to another tenderer, and of the letter of the Parliament of 17 April 2020 informing Isopix SA of the rejection of its tender submitted in the context of the call for tenders COMM/DG/AWD/2019/854 on the grounds that it did not meet the selection criteria relating to financial and economic standing.
2.The action is dismissed as to the remainder for having been brought before a court manifestly lacking in jurisdiction to hear it.
3.The Parliament shall bear the costs, including those relating to the proceedings for interim measures.
(<span class="oj-super">1</span>) OJ C 191, 8.6.2020.