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Case T-793/17: Order of the General Court of 14 November 2018 — Bruel v Commission and Others (Action for annulment and damages — Measure adopted by the Head of Section of the EU Delegation to Algeria in the context of a public procurement procedure for the provision of services — Decision requesting the replacement of the applicant as an expert — Termination of the agreement between the successful tendering company and the applicant following that decision — No capacity as defendant — Act not open to challenge — No sufficiently serious breach of a rule of law conferring rights on individuals — Causal link — Action in part manifestly inadmissible and in part manifestly lacking any foundation in law)
ECLI:EU:UNKNOWN:62017TB0793
62017TB0793
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Official Journal of the European Union
C 44/67
(Case T-793/17) (<span class="super note-tag">1</span>)
((Action for annulment and damages - Measure adopted by the Head of Section of the EU Delegation to Algeria in the context of a public procurement procedure for the provision of services - Decision requesting the replacement of the applicant as an expert - Termination of the agreement between the successful tendering company and the applicant following that decision - No capacity as defendant - Act not open to challenge - No sufficiently serious breach of a rule of law conferring rights on individuals - Causal link - Action in part manifestly inadmissible and in part manifestly lacking any foundation in law))
(2019/C 44/87)
Language of the case: French
Parties
Applicant: Damien Bruel (Paris, France) (represented by: H. Hansen, lawyer)
Defendants: European Commission (represented by: A. Aresu, acting as Agent), European External Action Service (represented by: S. Marquardt and R. Spac, acting as Agents), European Union Delegation to Algeria
Re:
First, application pursuant to Article 263 TFEU seeking annulment of the letter of 25 September 2017 requesting the replacement of the applicant as an expert in the context of an agreement for the provision of services concluded between the successful tendering company and the applicant and, secondly, application pursuant to Article 268 TFEU seeking compensation for the damage which the applicant claims to have suffered as a result of that decision.
Operative part of the order
1.The action is dismissed.
2.Mr Damien Bruel shall pay the costs.
(<span class="note"> <a id="ntr1-C_2019044EN.01006701-E0001" href="#ntc1-C_2019044EN.01006701-E0001">*1</a> </span>) OJ C 52, 12.2.2018.