Action brought on 13 June 2012 - Diadikasia Symvouloi Epicheiriseon v Commission

(Case T-261/12)

Language of the case: English

Parties

Applicant: Diadikasia Symvouloi Epicheiriseon AE (Chalandri, Greece) (represented by: A. Krystallidis, lawyer)

Defendant: European Commission

Form of order sought

Repair the damages caused to the applicant by the unlawful decision of the EU Delegation to Serbia of 23 March 2012 to cancel the award of the contract "Strengthening the institutional capacity of the Commission for protection of Competition (CPC) in the Republic of Serbia" (OJ 2011 S 147) which was awarded to the applicant, as leader of the consortium for the project above;

Order that the costs of and occasioned by these proceedings be borne by the defendant.

Pleas in law and main arguments

In support of the action, the applicant relies on five pleas in law.

First plea in law, alleging that the defendant acted unlawfully by accusing the applicant of having an unfair advantage in relation to the other tenderers, since this conflict of interest that the applicant is being accused of concerns a totally independent third company, i.e. European profiles SA and not the applicant.

Second plea in law, alleging that the defendant violated its obligation to provide a clear and grounded decision of cancellation of the award, in violation of Article 18 of the European Code of Good Administrative Behaviour, in that it failed to justify the reason for which the applicant was given an unfair advantage in relation to the other tenderers.

Third plea in law, alleging that the defendant violated its right to be heard by failing to invite the applicant to express its opinion on what may be the matter constituting conflict of interest, in violation of article 16 of the European Code of Good Administrative Behaviour.

Fourth plea in law, alleging that the defendant violated its obligation to give the applicant the access to the documents which would prove the alleged illegal link and the unfair advantage to DIADIKASIA Consortium, according to Article 42 of EU Charter of Fundamental Rights.

Fifth plea in law, alleging that those actions by the defendant constitute a serious violation of the principle of legal certainty and an error in law as well as of the Article 4 of the European Code of Good Administrative Behaviour, when it unexpectedly cancelled its decision to award the subject project to the applicant's consortium on alleged grounds of "conflict of interest".

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