Дело T-***/**: *****************, Определение от **.**.2021 г.

Текст

... on non-discrimination and diversity – Rejection of a tenderer’s bid – Award criteria – Action in part manifestly lacking any foundation in law and in part manifestly inadmissible)

In Case T‑352/18,

Germann Avocats LLC, established in Geneva (Switzerland), represented by C. Giannakopoulos and N. Skandamis, lawyers,

applicant,

v

European Commission, represented by J. Estrada de Solà and A. Katsimerou, acting as Agents, and by R. van Melsen, lawyer,

defendant,

First, APPLICATION based on Article 263 TFEU for the annulment of the Commission’s decision to reject the applicant’s bid submitted in response to the call for tenders JUST/2017/RDIS/FW/EQUA/0042 (‘Follow-up study on trade union practices on non-discrimination and diversity’ (2017/S 215-446067)) and, secondly, APPLICATION based on Article 268 TFEU for compensation for the damage allegedly suffered by the applicant following the adoption of that decision,

THE GENERAL COURT (Tenth Chamber),

composed of A. Kornezov (Rapporteur), President, E. Buttigieg and G. Hesse, Judges,

Registrar: E. Coulon,

makes the following

Order

Background to the dispute

1. On 9 November 2017, the European Commission published in the Supplement to the Official Journal of the European Union (OJ 2017/S 215-446067) a public procurement notice concerning the award, through an open procedure, of a service contract entitled ‘Follow-up study on trade union practices on non-discrimination and diversity’.

2. Point 4 of the tender specifications for the call for tenders which was the subject of that contract notice provided as follows:

‘The evaluation is based solely on the information provided in the submitted tender. It involves the following: ...