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Case T–54/21: Judgment of the General Court of 26 April 2023 — OHB System v Commission (Public supply contracts — Tendering procedure — Competitive dialogue — Procurement of Galileo transition satellites — Rejection of a tenderer’s tender — Exclusion criteria — Serious professional misconduct on the part of a tenderer — No final judgment or final administrative decision — Referral to the panel referred to in Article 143 of the Financial Regulation — Equal treatment — Abnormally low tender — Manifest error of assessment)
ECLI:EU:UNKNOWN:62021TA0054
62021TA0054
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Valentina R., lawyer
19.6.2023
Official Journal of the European Union
C 216/39
(Case T–54/21) (<span class="oj-super oj-note-tag">1</span>)
(Public supply contracts - Tendering procedure - Competitive dialogue - Procurement of Galileo transition satellites - Rejection of a tenderer’s tender - Exclusion criteria - Serious professional misconduct on the part of a tenderer - No final judgment or final administrative decision - Referral to the panel referred to in Article 143 of the Financial Regulation - Equal treatment - Abnormally low tender - Manifest error of assessment)
(2023/C 216/50)
Language of the case: German
Parties
Applicant: OHB System AG (Bremen, Germany) (represented by: W. Würfel and F. Hausmann, lawyers)
Defendant: European Commission (represented by: G. Wilms, L. André, J. Estrada de Solà and L. Mantl, acting as Agents)
Interveners in support of the defendant: Italian Republic (represented by: G. Palmieri, acting as Agent, and by P. Gentili and G. Santini, avvocati dello stato) and Airbus Defence and Space GmbH (Taufkirchen, Germany) (represented by: P.-E. Partsch, F. Dewald and C.-E. Seestädt, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks annulment of the decisions of the European Commission, communicated to the applicant by letter of 19 January 2021 and by fax of 22 January 2021, not to accept its tender, submitted in the context of Call for Tenders in the form of a competitive dialogue 2018/S 091-206089 relating to the procurement of Galileo transition satellites, and to award the contract to two other tenderers.
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders OHB System AG to bear its own costs and to pay those incurred by the European Commission, including those relating to the proceedings for interim relief;
3.Orders the Italian Republic and Airbus Defence and Space GmbH to bear their own costs.
(<span class="oj-super">1</span>) OJ C 88, 15.3.2021.
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