Action brought on 19 January 2012 - IDT Biologika v Commission
(Case T-30/12)
Language of the case: German
Parties
Applicant: IDT Biologika GmbH (Dessau-Roßlau, Germany) (represented by: R. Gross and T. Kroupa, lawyers)
Defendant: European Commission
Form of order sought
The applicant claims that the Court should:
annul the decision of the Delegation of the European Union to the Republic of Serbia of 5 October 2011 rejecting the tender submitted in respect of Lot No 1 by IDT Biologika GmbH in response to the call for tenders, reference EuropeAid/130686/C/SUP/RS Re-launch LOT 1, for the supply of a rabies vaccine to the beneficiary Ministry of Agriculture, Forestry and Water Supply of the Republic of Serbia, and awarding the contract in question to a consortium of various companies led by 'Biovet a. s.';
order the defendant to pay the costs.
Pleas in law and main arguments
In support of its action the applicant alleges infringement of Article 252(3) of Regulation (EC) No 2342/2002 as the applicant takes the view that the successful tender does not fulfil the technical requirements specified in the tender documents with regard to the requisite non-virulence to humans of the vaccine offered and with regard to the requisite authorisations and should not therefore have been taken into account.
Furthermore, the taking into account of the successful tender of the consortium led by 'Biovet a. s.' constitutes discrimination as regards price comparison since the applicant's tender alone satisfies all the actual requirements made with regard to the technical specifications in respect of the award procedure at issue and is therefore the only tender in the procedure which is in order.
____________1 - 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).