Action brought on 17 February 2015 – European Dynamics Luxembourg and Evropaïki Dynamiki/Commission

(Case T-74/15)

Language of the case: English

Parties

Applicants: European Dynamics Luxembourg SA (Luxembourg, Luxembourg), Evropaïki Dynamiki - Proigmena Systimata Tilepikoinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: I. Ampazis and M. Sfyri, lawyers)

Defendant: European Commission

Form of order sought

The applicants claim that the Court should:

annul the decision of the Commission (ESTAT/G0/MHF/Gl/MH/nf D (2014) 8 December 2014), notified to the applicants as an attachment to Customer Additional Information Form DESIS III-000455-6000494078-REQ-O1-CINF-03 of 9 December 2014, which rejected their offer in relation to the Request for services No DESIS III-000455-6000494078-REQ-01 within the context of framework contract ESP DESIS III Lot no 4,

annul the decision of the Commission, notified to the applicants as an attachment to Customer Additional Information Form DESIS 111-000485-6000494078- REQ-01-CINF-02 of 12 December 2014, which rejected their offer in relation to the Request for Services No DESIS III-000485-6000494078-REQ-0l, within the context of framework contract ESP-DESIS III Lot no 4,

order the Commission to pay the applicants’ damages suffered for the loss of opportunity in the case of DESIS ill-000485-6000494078-REQ-OI-CINF-02, for an amount of 12.000,00 euros, plus interest,

order the Commission to pay the applicants’ legal fees and other costs and expenses incurred in connection with this application, even if the current application is rejected.

Pleas in law and main arguments

In support of the action, the applicants rely on two pleas in law.

Firstly, the applicants argue that the Commission infringed the obligation to state reason within the evaluation of their offers in DESIS III-000455-6000494078-REQ-01 and DESIS III-000485-6000494078-REQ-01.

Secondly, the applicants argue that the Commission committed several manifest errors of assessment within the evaluation of their offer in DESIS 111-000485-6000494078-REQ-01.