Action brought on 20 August 2013 – Triarii v Commission

(Case T-435/13)

Language of the case: English

Parties

Applicant: Triarii BV (The Hague, Netherlands) (represented by: G. Verhellen, lawyer)

Defendant: European Commission

Form of order sought

The applicant claims that the Court should:

Annul the decision of the European Commission (Re.: ENER B 1/IMMR(2013) ENER.B.1.2638778) dated 20 June 2013 in order to include the offer of the applicant in the tender;

In case the Court’s decision, as sought, is taken after the tender is awarded to a bidder:

Annul the current tender No ENER/B1/2013-371 in order to give the applicant a chance to bid again;

Annul the decision to be taken by the European Commission granting tender No ENER/B1/2013-371 to a bidder; and/or

Grant damages in compensation of a missed opportunity, due to the exclusion of the applicant from the tender No ENER/B1/2013-371.

Pleas in law and main arguments

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

First plea in law, alleging that the General Court is competent to try the present case, in conformity with Article 263 TFEU.

Second plea in law, alleging that, through its conduct, the Commission created legitimate expectation that the bid was served in due time on it.