Action brought on 29 November 2013 – Watch TV v Council

(Case T-639/13)

Language of the case: French

Parties

Applicant: Watch TV (Brussels, Belgium) (represented by: F. de Visscher and M. von Kuegelgen, lawyers)

Defendant: Council of the European Union

Form of order sought

The applicant claims that the Court should:

annul the decision of the Council of the European Union of 30 September 2013;

order the defendant to pay the costs.

Pleas in law and main arguments

By its action, the applicant seeks annulment of the decision of the Council of the European Union not to accept its tender submitted in respect of Lot No 1 in Contract UCA 190/11 for the provision of ‘audiovisual and multimedia services to the Council of the European Union/European Council’ (OJ 2012/S 26-041228).

In support of its action, the applicant relies on a single plea in law, alleging infringement of Article 89(1) of the Financial Regulation ¹ and of Articles 131(5), 135(2) and 146(3) of the Regulation implementing the Financial Regulation, ² in view of the fact that the Council awarded the contract to a tenderer whose tender allegedly does not meet the obligatory minimum requirements relating to the suitability of candidates, as set out in the technical specifications. The applicant claims that the Council ought, therefore, to have automatically rejected the tender which it accepted.

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¹     Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation     applicable to the general budget of the European Communities (OJ 2002 L 248, p. 1).

²     Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed     rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial     Regulation applicable to the general budget of the European Communities (OJ 2002 L 357, p. 1).