Action brought on 6 February 2012 - Euroscript - Polska v Parliament

(Case T-48/12)

Language of the case: French

Parties

Applicant: Euroscript - Polska Sp. z.o.o. (Cracow, Poland) (represented by: J.-F. Steichen, lawyer)

Defendant: European Parliament

Form of order sought

First, annul the decision of 9 December 2011;

In the alternative, annul call for tenders No PL/2011/EP;

Order the Parliament to pay the costs of the proceedings;

Reserve to the applicant all other rights, pleas and actions.

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 abuse of power in that the European Parliament did not communicate, or communicated late, the information requested by the applicant following the reallocation of the contract in the context of a procurement procedure concerning the provision of translation services into Polish. ²

2.    Second plea in law, alleging infringement of the rules and principles of the European Union, including the Financial Regulation,  and the Regulation implementing the Financial Regulation,  the successful tenderer being debarred when it requested the re-evaluation of its tender and the Parliament therefore no longer being entitled to revisit its decision to award the contract to the applicant without either suspending or annulling the call for tenders.

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¹ - OJ 2011/S 56-090361.

² - 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).

³ - 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).