Official Journal of the European Union

EN

C series

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C/2024/4735

5.8.2024

(Case T-300/24)

(C/2024/4735)

Language of the case: French

Parties

Applicant: Geos Atlas Holding Ltd. (Balzan, Malta) (represented by: L. Vidal, lawyer)

Defendant: EUCAP Somalia (Mogadishu, Somalia)

Form of order sought

The applicant claims that the General Court should:

—annul the decision made by EUCAP Somalia on 24 May 2024 which ruled on the inadmissibility of the tender submitted by the consortium of companies of which the applicant is the leader, in the context of call for tenders PROC-ECS-2023-023-R;

—order EUCAP Somalia to undertake a further assessment of all the tenders received in the context of call for tenders PROC-ECS-2023-023-R, including the tender submitted by the consortium of companies of which the applicant is the leader;

—order the European Commission to pay all the costs.

Pleas in law and main arguments

In support of the action, the applicant relies on three pleas in law.

1.First plea in law, alleging manifest error in law in the adoption of the contested decision, on the ground that it was adopted by the defendant on the basis of a partial interpretation of a selection criterion recognised as nonetheless crucial.

2.Second plea in law, alleging that the subsequent justifications put forward by the defendant are inadmissible and unfounded. In that regard, the applicant submits, first, that the defendant is not entitled to subsequently add the ground justifying the contested decision and, secondly, that the subsequent grounds put forward are based on a manifest error of fact.

3.Third plea in law, alleging the infringement of the principle of equality affecting the procedure of the award of contract that culminated in the contested decision. According to the applicant, the defendant did not respect its obligation of transparency, as a contracting entity, and which implies that all the terms and conditions of the award procedure are formulated in a clear, precise and unequivocal manner, and that it provides all candidates with the technical information relevant to a proper understanding of the contract notice.

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ELI: http://data.europa.eu/eli/C/2024/4735/oj

ISSN 1977-091X (electronic edition)

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