Дело T-***/**: *****************, Съдебно решение от **.**.2018 г.

Текст

... ces — Maintenance and updating of statistical tools and resources — Rejection of the tender submitted by a tenderer — Award criteria — Transparency — Equal treatment — Manifest error of assessment — Non-contractual liability)

In Case T‑914/16,

Proof IT SIA, established in Riga (Latvia), represented by J. Jerņeva and D. Pāvila, lawyers,

applicant,

v

European Institute for Gender Equality (EIGE), represented by J. Stuyck, V. Ost and M.Vanderstraeten, lawyers,

defendant,

APPLICATION, first, under Article 263 TFEU for annulment of EIGE’s decision, communicated to the applicant by the letter with reference EIGE/VL/mpD/2016/594 of 14 October 2016, rejecting the tender submitted by the applicant in the context of both lots relating to invitation to tender EIGE/2016/OPER/01 entitled ‘Framework contract on maintenance and update of EIGE’s gender statistics tools and resources’ and awarding the framework contract to another tenderer and, second, under Article 268 TFEU seeking compensation for the harm allegedly suffered by the applicant in respect of loss of opportunity or loss of the contract itself,

THE GENERAL COURT (Third Chamber),

composed of S. Frimodt Nielsen, President, V. Kreuschitz and N. Półtorak (Rapporteur), Judges,

Registrar: E. Coulon,

gives the following

Judgment

Background to the dispute

1. The applicant, Proof IT SIA, is an undertaking operating in the information technology sector.

2. The European Institute for Gender Equality (EIGE) was established by Regulation (EC) No 1922/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a European Institute for Gender equality (OJ 2006 L 403, p. 9). ...