10.8.2020

Official Journal of the European Union

C 262/27

(Case T-188/20)

(2020/C 262/37)

Language of the case: French

Parties

Applicants: SA Close (Harzé-Aywaille, Belgium) and Cegelec (Brussels, Belgium) (represented by: J. Rikkers and J. Teheux, lawyers)

Defendant: European Parliament

Form of order sought

The applicants claim that the Court should:

—provisionally order the European Union, represented by the European Parliament, to pay compensation estimated at EUR 3 906 043 plus interest at the statutory rate from the date on which the damage arose, namely 27 March 2015;

—before ruling on the action, the applicants seek a stay of proceedings pending the judgment of the Court of Justice in the proceedings currently pending in Case C-447/19 and, if appropriate, of the General Court in the event of a referral;

—reserve ruling on the costs.

Pleas in law and main arguments

In support of the action, the applicants claim that, if the appeal seeking to have set aside the judgment of 9 April 2019 (Case C-447/19, Close and Cegelec v Parliament) were upheld, it would have to entail the annulment of the decision taken on 19 March 2015 by the Parliament to award the public works contract concerning the ‘Project for the extension and refurbishment of the Konrad Adenauer Building in Luxembourg’, lot 73 (power station), reference INLO-D-UPIL-T-14-AO4, to the Association Momentanée ENERGIE-KAD (composed of the companies MERSCH and SCHMITZ PRODUCTION SARL and ENERGOLUX S. A) and, correlatively, not to have chosen the applicants’ tender, it follows that, firstly, the Association Momentanée ENERGIE-KAD could not be selected and that, secondly, the applicants, having submitted the lowest tender, should have been awarded the contract, the award of the contract being based solely on the criterion of price. The damage suffered is provisionally assessed at 10 % of the amount of their tender.