Action brought on 28 June 2012 - Flying Holding and Others v Commission
(Case T-280/12)
Language of the case: French
Parties
Applicants: Flying Holding NV (Antwerp-Wilrijk, Belgium); Flying Group Lux SA (Luxembourg, Luxembourg) and Flying Service NV (Antwerp-Deurne, Belgium) (represented by: C. Doutrelepont and V. Chapoulaud, lawyers)
Defendant: European Commission
Form of order sought
Order the joinder of the present case with Case T-91/12;
Declare the present action admissible and well founded;
Annul the decision of the European Commission awarding contract No PMO2/PR/2011/103 to ABELAG AVIATION NV, as set out in contract award notice No 2012/S 83-135396 published on 28 April 2012 in the Supplement to the Official Journal of the European Union (OJ/S - S83);
Order the European Commission to pay the applicants compensation of EUR 1 014 400, re-estimated following inflation, until the date of delivery of the future judgment of the General Court liquidating the damage, then increased by late-payment interest to be calculated from that date until payment in full;
Order the European Commission to pay all the costs, including those incurred by the applicants.
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
1. First plea in law, alleging infringement of Article 89 of the Financial Regulation,
2 by twice consecutively awarding the contract in question to ABELAG AVIATION, in the context of framework contracts, without opening it to effective competition since only ABELAG AVIATION was authorised to enter a bid in both cases.
2. Second plea in law, alleging infringement of the third subparagraph of Article 123(1) of the Implementing Regulation by awarding the contract in question to ABELAG AVIATION without having admitted a sufficient number of tenderers to ensure true competition by comparing different bids and accepting the most advantageous of them.
____________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 (OJ 2002 L 248, p. 1).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 (OJ 2002 L 357, p. 1).