Official Journal of the European Union

C series

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C/2024/4972

19.8.2024

(Case T-308/24)

(C/2024/4972)

Language of the case: French

Parties

Applicant: Engie Energie Services (Paris, France) (represented by: N. Nahmias, lawyer)

Defendant: European Parliament

Form of order sought

The applicant claims that the General Court should:

—annul the decision of 19 April 2024 by which the European Parliament rejected the tender submitted by the applicant in the consultation procedure for the award of the contract entitled ‘Operation and maintenance of technical installations in the buildings of the European Parliament in Strasbourg’, reference No 06A80/2023/M052, which it awarded to the company Dalkia SA;

—annul the decision of 14 May 2024 by which the European Parliament refused the applicant’s request for review of the decision awarding the contract entitled ‘Operation and maintenance of technical installations in the buildings of the European Parliament in Strasbourg’, reference No 06A80/2023/M052, to Dalkia SA;

—annul the decision by which the European Parliament awarded the contract entitled ‘Operation and maintenance of technical installations in the buildings of the European Parliament in Strasbourg’, reference No 06A80/2023/M052, to Dalkia SA, according to the award notice of 11 June 2024;

—order the European Parliament to pay all the costs.

Pleas in law and main arguments

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

1.First plea in law, alleging infringement of Article 167(1) and Article 168(6) of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union and of the tender specifications in so far as the successful tender does not meet all the minimum requirements set out in the procurement documents.

2.Second plea in law, alleging a manifest error of assessment in the analysis of the conformity of the successful tender.