10.8.2015

Official Journal of the European Union

C 262/29

(Case T-182/15)

(2015/C 262/39)

Language of the case: English

Parties

Applicant: Sopra Steria Group SA (Annecy-le-Vieux, France) (represented by: A. Verlinden, R. Martens and J. Joossen, lawyers)

Defendant: European Parliament

Form of order sought

The applicant claims that the Court should:

—annul the decisions of the European Parliament of unknown date, notified by letters dated 13 February 2015, to exclude IBI IUS for Lot 2 and to exclude STEEL for Lot 3 in the tendering procedure for PE/ITEC-ITS14;

—declare that the contract(s) with other tenderers due to this exclusion decisions is (are) null and void;

—order that the European Parliament has to bear the costs of the proceedings, including the expenses for legal counsel incurred by the applicant.

Pleas in law and main arguments

In support of the action, the applicant relies on one plea in law, based on the infringement by the European Parliament of the principles of transparency, proportionality and equal treatment as contained in article 102.1 of the Financial Regulation, the infringement of the exclusion criteria as contained in article 107.1(a) and (b) of the Financial Regulation, the infringement of article 158.3 of the Rules of Application, the infringement by the European Parliament of its own Tender Specifications for ITS14, thus invalidating the Decisions of unknown date, notified by letters dated 13 February 2015, to exclude IBI IUS for Lot 2 and to exclude STEEL for Lot 3 of ITS14.

In the primary part of the first and only plea in law, the applicant claims that the European Parliament has failed to correctly apply its own Tender Specifications for ITS14 and the general procedural requirement of patere legem quam ipse fecisti and has infringed article 107.1(a) and (b) of the Financial Regulation and this by excluding the applicant and consequently, the consortia IBI IUS for Lot 2 and STEEL for Lot 3 of ITS14, because of an alleged (and unproven) potential conflict of interest and because of an alleged (and unproven) failure to supply information to the European Parliament.

In the secondary part of the first and only plea in law (subsidiary order), the applicant claims that the European Parliament has violated the principles of transparency, proportionality and equality of treatment (non-discrimination) as laid down in article 102.1 of the Financial Regulation and this by excluding the applicant and consequently, the consortia IBI IUS for Lot 2 and STEEL for Lot 3 of ITS14, because of an alleged (and unproven) potential conflict of interest and because of an alleged (and unproven) failure to supply information to the European Parliament.