Action brought on 25 April 2012 - European Dynamics Luxembourg and Evropaiki Dinamiki - Proigmena Sistimata Tilepikinonion Pliroforikis kai Tilematikis v European Police Office (Europol)

(Case T-183/12)

Language of the case: Greek

Parties

Applicant: European Dynamics Luxembourg SA (Ettelbrück, Luxembourg) and Evropaiki Dinamiki - Proigmena Sistimata Tilepikinonion Pliroforikis kai Tilematikis AE (Athens, Greece) (represented by: V Christianos, lawyer)

Defendant: European Police Office (Europol).

Form of order sought

By this action the applicants claim that the General Court should:

-    annul the decision dated I6 February 2012 of the European Police Office (Europol) whereby it awarded to the company Capgemini Nederland BV the framework contract in the open tendering procedure No D/C3/1104;

-    order Europol to pay compensation to the applicants for the loss of opportunity which the award to them of framework contract would have brought, which they estimate at EUR 161 887, with interest from the date of delivery of the judgment; and

-    order Europol to pay the entirety of the applicants' costs.

Pleas in law and main arguments

The applicants consider that the contested decision should be annulled, under Article 263 TFEU, because Europol altered in the course of the tendering procedure many of the award criteria in relation to the assessment both of the technical and financial offers of the tenderers, blatantly infringing the applicable provisions of the Financial Regulation 1605/2002 ² and the Implementing Rules 2342/2002  and settled case-law.

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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.

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.